Hi! I'm an MS4 working on the ERAS supplemental application. One of my meaningful experiences I want to list consists of me being present for a family member's illness, recognizing that it was truly a novel presentation (like for real...not just "med student" level novel), and then publishing it as a case report. It's how I got interested in a certain career path. A faculty member told me that revealing that the patient is a family member of mine could be a HIPAA violation...I disagree. Do you think it is fine for me to include this on the application? Don't want to risk the HIPAA violation in the app, but also the relationship with the patient and my being present as a family member throughout was a significant experience for me. Also, the family member is chill with this experience being shared. What do you think?
ERAS Supplemental Meaningful Experience...HIPAA violation??
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hiiiiiiiiiii
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If the family member gave your their consent, you're 100000% fine. Sounds like a good experience so I would use it
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Were you on the care team for your family member or initially present only as family (before later publishing about it)? HIPAA does not cover sharing stories about your family members, you can talk about all the details you want in that sense.
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The HIPAA privacy rule only applies to Covered Entities (providers, plans, clearinghouses, anyone who transmits data for the purpose of providing care and paying for care) and their Business Associates (basically anyone contracted by a covered entity to perform tasks with PHI). If you were providing care to your family member as a medical student, you could make an argument that the HIPAA privacy rule could apply but it sounds like you were just there as a family member, making you not a covered entity. You could be bound by the privacy rule if the hospital in its capacity as a covered entity gave you access to medical records for the purpose of research, but not if your family member gave you those records directly. Either way, with written authorization you would be able to share PHI. That's probably not necessary though, you're almost certainly fine to share this!
