Hipaa

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CallMeDoctorLov

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Alright heres a scenario for everyone. I heard through the grapevine that a former classmate of mine had a certain medical issue. I told my mother, who told my brother, ....etc eventually it made its way back to this individual, who is has threatened to file a HIPAA complaint against me. I used to be a part of the EMS squad that handled this persons most recent medical flare up. I live 100+ miles away from this individual, have zero access to his/her medical files, and have never been his/her care provider.

Am I still accountable as a first year medical student in a HIPAA lawsuit? I know I should have just kept my mouth shut, but how bad is this going to be?

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[snip]have never been his/her care provider.

Am I still accountable as a first year medical student in a HIPAA lawsuit? I know I should have just kept my mouth shut, but how bad is this going to be?

If you've never been a "covered provider" (i.e. a health care provider who has transmitted certain data electronically for which a standard has been adopted), than no, you are not bound by HIPAA for his care.


As a side note, since you mentioned "rescue squad," "electronic billing" and "electronic PCRs" are not the same thing.
 
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If you found out from someone who DID care for this patient (i.e. someone from the squad that took care of him/her), that person could be held liable for a HIPAA violation. Or if you found out in the course of your work with the EMS squad. If you learned outside of work, you should be fine.

ALSO, non-providers such as CNAs, MAs, rads techs, transporters, path techs, etc. are all HIPAA bound as well. "Electronic transmission" or "provider" (if you think this applies solely to MDs/NPs/PAs) is irrelevant....you can and will get canned and/or fined if found to violate HIPAA laws.
 
ALSO, non-providers such as CNAs, MAs, rads techs, transporters, path techs, etc. are all HIPAA bound as well. "Electronic transmission" or "provider" (if you think this applies solely to MDs/NPs/PAs) is irrelevant....you can and will get canned and/or fined if found to violate HIPAA laws.

Actually, talking specifically about civil liability resulting from HIPAA violations (in contrast to state/local privacy laws, ethics, and what can actually get someone fired), "electronic transmissions" is very specific in regarding who is a "covered entity."

"The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the "covered entities")."
-"Who is covered under the privacy rule"
http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html

I agree that the term "health care provider" is a broad, all inclusive term. However, technically speaking, a cash medical practice or an EMS squad that does not bill is not covered under HIPAA specifically. Of course there is nothing stopping state privacy laws from being stricter, nor is there anything stopping an employer from adopting language making breaches of privacy a terminable offense. The point about the rescue squad is that over the past 5 years or so there has been a push inside EMS to move towards electronic documentation. However, even when paper documentation is used, bills ("transactions") are often submitted electronically, including all Medicare billing. More often than not, EMS providers have no clue what goes into billing for their transports, which makes clarifying "electronic billing" vs "electronic patient care reports" important.

The overall problem is that HIPAA is not a generic term for "patient privacy law."
 
Others on this thread know more about the technical aspects of HIPPA than I do. If I was an MS-1, though, I would be more worried about someone reporting this to my medical school (perhaps making an ethics complaint to the dean) and trying to screw up my career.
 
Others on this thread know more about the technical aspects of HIPPA than I do. If I was an MS-1, though, I would be more worried about someone reporting this to my medical school (perhaps making an ethics complaint to the dean) and trying to screw up my career.

Valid point. I don't necessarily think what you did is illegal (might be wrong about this, but you had no access to this person's medical records, you were just telling something you may have heard), but there might be an ethical issue.

What might happen with this is that it may go down the line (like, who told you? Who told that person? Who told that person, and so on and so on) until it reaches the person who is primarily at fault. Again, no actual experience with any of this, so I don't really know.


















By the way, what disease did that person have anyways?
:smuggrin:
 
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