Is HIPPA a null point if

[alt91119]

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I've been working with a foreign patient (visiting america specifically for a medical procedure) for a while now. The patient has a website online to raise money that not only has the patient's medical information as it relates to this stay in america, but also day-by-day updates on health, etc. Because the information on the website has been made publicly available (albeit in another language), does this mean that mentioning anything found on the website is no longer a HIPPA violation?

The patient comes from a unique location and has had specific medical care that, while relatively common, may be considered identifying given my geographic location and the combination of their country of origin/procedure. Because this experience was a shaping one for me, I would love to talk about the patient and semi-specific things relating to them like what procedure in my PS/interviews. Because they have made the information publicly available, is it no longer considered a HIPPA violation to talk about these things?

 

[claduva94]

I wouldn't risk it. There are plenty of ways you can describe this without using identifying info.

 

[medic86]

HIPAA*

Even though it wouldn't be a violation since this information was publicly disclosed, it might be perceived that way.

Just write/talk about it in a way that is appropriate according to HIPAA.

 

[ac62994]

I've always interpreted HIPAA as "as long as you don't say their name it's okay" type deal.

 

[wholeheartedly]

I've always interpreted HIPAA as "as long as you don't say their name it's okay" type deal.

No, not quite.

 

[Apollo1]

Follow the typical rules, use generalities etc.

 

[Spinach Dip]

You want to write about your experiences in a way which explains what you have done and learned, yet does not risk identifying the patient. Yes, it can be tricky sometimes.

 

[AlfonsTheGuru]

No risk is worth it.

 

[alt91119]

Everyone is using the word "risk." Is it not either a HIPAA violation or not? Or am I missing something by seeing it this black and white? Are you simply worried that people, lacking context, will think it is when it really isn't?

 

[nhnative]

http://cphs.berkeley.edu/hipaa/hipaa18.html

I think technically you should be fine.

 

[LizzyM]

Technically, you should be fine but some readers may not realize that you pulled this information from a publically available web site and think that you obtained it from inside information and are disclosing it in violation of federal law. If you were to do that as a medical student or resident, the impression that might be made by people with whom you were communicate might believe that you, and by extension, most health care providers, do not respect patients' privacy and the confidentiality of their medical information.

 

[alt91119]

Technically, you should be fine but some readers may not realize that you pulled this information from a publically available web site and think that you obtained it from inside information and are disclosing it in violation of federal law. If you were to do that as a medical student or resident, the impression that might be made by people with whom you were communicate might believe that you, and by extension, most health care providers, do not respect patients' privacy and the confidentiality of their medical information.

If it's in an interview, I can just explain this and it will be alright, correct? If I talk about it in my personal statement or in secondaries, can I simply put a disclaiming sentence such as "while identifying, this information is publicly available on xyz.com," or no? As a reminder, the website is not in english (but another language which I speak). However, there are also pictures, etc.

I have a clinical job involving supporting a specific type of medical device and this patient was on that type of device. I don't want to get into too much detail, but the specifics also connect to my entire application in many different ways, but it would only have impact as a story if I got into specific details as to what type of device they were on. Thus, if possible, I think it would be better to not be super vague.

 

[Doug Underhill]

Just use Mr. /Ms. X just like everyone else does.

 

[alt91119]

Just use Mr. /Ms. X just like everyone else does.

Yes, but the issue is that, due to the unique combination of the patient's country of origin (they are not an America, they came here specifically for treatment), the city I live in (where the hospital is), and the type of medical device the patient was supported on (not extremely common), even using "mr/mrs x" is potentially identifying (as there would be a max of 1 patient/year with these circumstances).

 

[Law2Doc]

No, not quite.

If what you say essentially identifies the person it's a problem, even if you don't list the name. I wouldn't feel much more comfortable based on there being info on his blog/website because even if the facts are already out there, there's always an issue when someone on the caregiving team actually publicly confirms it's validity. That in and of itself isnt something you can do. Ie if a newspaper calls you and already knows the facts and you just confirm them thats a huge HIPAA violation. And what happens if the guy thinks better of posting stuff and takes down his website, leaving you out on a limb? Bad idea.

 

[Spinach Dip]

I have a clinical job involving supporting a specific type of medical device and this patient was on that type of device.

Then speak of the device and/or treatment while saying as little as possible about the patient.