GUWonder

HIPAA violations are applicable when covered parties are dealing/communicating in covered information. Whether or not a violation has taken place depends on whether or not the parties dealing/communicating information are regulated parties under that act.

jphripjah

No, it's not. There's a misconception that any time anyone asks about someone else's health information, or talks about someone else's health information, it's a "HIPAA violation." This is untrue - HIPAA violations occur when health care providers and insurance companies and their employees disclose private health information.

Let's say a 19 year old girl, American or foreign, flies into Phoenix from Latin America following a two day trip to America. CBP officer asks "What's the purpose of your trip to Phoenix?" She says, "Visiting a sick friend in the hospital."

CBP can then certainly ask a bunch of follow up questions like "What's your friend's name?" "What illness does he have?" "Where is he being treated?" "How long has he been sick?" etc. for the purpose of determining whether the traveler is telling the truth.

If the traveler is a U.S. citizen she doesn't have to answer any questions of course and is still admissable.

GUWonder

While my guess would be that it's not, there is a very small chance it may be. To know for certain depends on factors which haven't been made explicit in this thread.

There are somethings which could be asked by CBP that could get CBP in trouble. Does it mean that CBP has a right to ask that too? The proverbial devil is in the details.

Boggie Dog

What things?

cestmoi123

While I could certainly see a scenario where it would be a HIPAA violation for a pax to _answer_ CBP's questions (i.e. a surgeon coming to the US to perform a surgery with colleagues, and getting asked patient's name, nature of illness, etc. etc.), it's not a HIPAA violation to _ask_ those questions. Since I'm not a party covered by the rules, I'm totally free to call up any doctor and ask her to send me complete copies of all her patients' records. If she sends them, she's violated HIPAA, but I've done nothing illegal.

Pup7

^^^^ Yep.

Blogndog

I almost never give them details -- certainly I wouldn't share medical info with them. Normally I just refuse to answer but I recently blew up at a CBP officer who was trying to insist I had to tell him whether the purpose of my trip was "business or pleasure".
"neither" I said
"are you here on business?"
"no"
"then you're on vacation"
"no"
"well it must be one or the other"
"no"
"then why are you here?"
"that's none of your business"
"i need to know the purpose of your travel"
"i'm HERE to see my Dad BEFORE he ****ing pasess away and that is NOT ANYTHING the US government is entitled to know about, NO it's not "business" and it's not "pleasure", and it's none of your concern -- now are you going to stop with the questions or am I still going to be standing here arguing with you when my Dad passes?"

The only thing these bozos understand is being shouted at.

jphripjah

If you're a US citizen you don't have to give them any details about anything. They still have to admit you. If you're a visitor and they ask for details, even about someone's health issues that relate to your visit, then if you refuse to answer they might not let you in.

GUWonder

The real bozos are the ones who tasked them with doing so much that they have no choice but to ask questions like this. If they would completely segregate the immigration control function from the customs control function, it may help make return/entry into the US a much improved experience. But due to a combining of roles and the nature of customs duties applicability being conditioned in part upon type of trip, this kind of stuff happens. Add in a mega-doze of being groomed to be paranoid, and "Voila!" we have what we have, this mess.

oliver2002

The biggest problem the OP will face is to convince the CBP officer he is entering the country with non-immigrant intent. College about to finish, only a years lease left, home not really in the UK, partner now sick and back home in the US. The key will be to make a case that this is just a short visit. And not to get married and go illegal till the green card is thru.

That said, I would advise to just say how it is. There more relaxed you are about it and say the truth, the more it is likely they will just wave you thru.

If you repeat a certain few sentences religiously and tensely, the more they will think you have a longer story to tell...@:-)

GUWonder

A year's lease (left), a school program to return to (in order to finish), deep business and family ties outside of the US, and a partner likely to return to the UK around this January? These are all pretty strong indicators of low probability of having intent to immigrate to the US.

jphripjah

^Plus he has previously visited the US and left.