r/politics • u/IWantPizza555 • Jul 08 '26

No Paywall Kentucky Gov. Andy Beshear requests update on Sen. Mitch McConnell's health

https://www.whas11.com/article/news/politics/national-politics/kentucky-governor-andy-beshear-requests-update-senator-mitch-mcconnell-health/417-b9252baa-29ab-489e-94f1-147aa41e78ed
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u/NoBizlikeChloeBiz Jul 08 '26

Wellness check in a home is very different from a patient in a hospital. If someone (even a cop) shows up to a hospital asking about a patient, the hospital is not at liberty to even confirm they're a patient there, much less their status. This is almost always a good thing, and one of our few privacies that is still well enforced.

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u/Careless-Weather8877 Jul 08 '26

Hmmm

While HIPAA does not govern police operations, it does allow healthcare providers to disclose PHI to law enforcement under specific conditions. These include: Circumstances for Disclosure Court Orders and Warrants: Disclosure is permitted when there is a valid court order, warrant, or subpoena. Emergency Situations: In emergencies, healthcare providers can share information if it is necessary to protect public health or safety. Victim Information: PHI can be disclosed about a crime victim if the victim consents or if it is necessary to prevent harm. Reporting Crimes: Providers must report instances of child abuse or neglect to law enforcement without needing the victim's consent.

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u/NoBizlikeChloeBiz Jul 08 '26

You could maybe argue some of those scenarios are relevant, but it's a stretch, and honestly I'm not super comfortable with that precedent. Our privacy laws have taken enough hits recently.

Personally, I think whether or not he's dead isn't the main issue anyway. Idk what the actual fine print is in Kentucky, but I think the governor (or someone) should be able to declare him physically unable to do his job, and put the onus on Mitch/family/colleagues to demonstrate otherwise.

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u/DerfK Jul 09 '26

You could maybe argue some of those scenarios are relevant, but it's a stretch, and honestly I'm not super comfortable with that precedent.

if the governor moved forward, it would absolutely trigger a lawsuit, which would absolutely trigger a subpoena, no "stretching" required.

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u/Kalimah18 Jul 08 '26

They can, however, confirm that a patient is not there.

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u/showyerbewbs Jul 08 '26

Are you referring to language similar to a warrant canary?

I do know from a brief stint working IT for a hospital that when someone inquires if a patient is there, they have to use super neutral language. I can't remember the specifics but it was supposed to ( key word ) be vague enough to not say anything.

Like the difference of saying "so and so isn't a patient here" is semantically different from "we don't show any information about so and so" which is also different from "we can't discuss that type of information".

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u/onlymostlydead Washington Jul 08 '26

Just tell the hospital he's transgender and they'll get everything on him.

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u/MethBearBestBear Jul 08 '26

If it is a missing person situation though wouldn't they be required to confirm if they have knowledge that the person is safe and locatable? Not saying they need to present the person without a court order but just confirm they are somewhere so law enforcement don't continue looking when the person is known to be in a safe location

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u/NoBizlikeChloeBiz Jul 08 '26

Honestly, that's a fair question. I know doctor/patient stuff gets pretty intense, but I think you're right that there must be some exceptions carved out. 

Still, with his family and those allowed privileged access indicating that he is safe, I highly doubt there's a legal path to verify that in a way that wouldn't seriously erode some rights that I think are pretty important overall.

Personally, I think whether or not he's dead isn't the main issue anyway. Idk what the actual fine print is in Kentucky, but I think the governor (or someone) should be able to declare him physically unable to do his job, and put the onus on Mitch/family/colleagues to demonstrate otherwise.

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u/griffWWK I voted Jul 08 '26

crazy that you all are still bounding yourself by rules in the face of modern day maga.

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u/NoBizlikeChloeBiz Jul 08 '26

I prefer living in a world where cops can't barge into hospital rooms.

Besides, I don't think it's needed here. Whether or not McConnell is alive shouldn't be the main question if he's not healthy enough to act as a senator. The Kentucky governor should state he's unable to perform his duties and begin the replacement process, putting the onus on Mitch/family/colleagues to demonstrate he's still for for office.

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u/griffWWK I voted Jul 08 '26

I prefer living in a world where ICE isn't killing US citizens, what's your point?