PS Question. Is this HIPAA violation?

[FxnOverload]

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Hey everyone,

I'm considering briefly mentioning an anecdote regarding my brother and a life-threatening car accident he had, as well as the hospital at which he was treated. I'm mentioning his first name, which is very unique.

I was just wondering how this would look in regards to HIPAA violation -- that is, if I have his consent to speak about it (I assume the ADCOMs will know I have his consent seeing as he is my brother, even if I don't mention it in my essay?), is it still in violation, or am I in the clear?

Sorry if this question has a clear answer, I just want to be careful. I tried using the search function but I could not find something similar to my question with a good answer.

Edit: I realize many other cases with random patients in the ER you can simply say "A patient I will call Bob" or the like, but seeing as he is my brother, even if I do not mention his name, with all of the information through AMCAS and secondaries, I feel they would still be able to identify him, so it would defeat the purpose by not mentioning his name.

 

[Viduus]

HIPAA applies to healthcare providers only (or at least I cannot imagine how it could effect a private citizen). Moreover, for a HIPAA violation, you need someone to call you out on it. If you have your brother's permission, there is no way of that happening.

In summation, the law does not apply to you, and your brother probably wouldn't sue you anyway


Wiki: (quote) http://en.wikipedia.org/wiki/Health_Insurance_Portability_and_Accountability_Act#Privacy_Rule
The HIPAA Privacy Rule regulates the use and disclosure of Protected Health Information (PHI) held by "covered entities" (generally, health care clearinghouses, employer sponsored health plans, health insurers, and medical service providers that engage in certain transactions.)

 

[FxnOverload]

HIPAA applies to healthcare providers only (or at least I cannot imagine how it could effect a private citizen). Moreover, for a HIPAA violation, you need someone to call you out on it. If you have your brother's permission, there is no way of that happening.

In summation, the law does not apply to you, and your brother probably wouldn't sue you anyway


Wiki: (quote) http://en.wikipedia.org/wiki/Health_Insurance_Portability_and_Accountability_Act#Privacy_Rule
The HIPAA Privacy Rule regulates the use and disclosure of Protected Health Information (PHI) held by "covered entities" (generally, health care clearinghouses, employer sponsored health plans, health insurers, and medical service providers that engage in certain transactions.)

Thank you for your response!

I probably should have clarified in the Original Post that it wasn't so much that I was worried about getting sued, but that ADCOMs would see this as unprofessional and assume I do not know enough about the field or medicine/being a physician if I am mentioning that would violate HIPAA if I were a physician, which obviously wouldn't fare well for my application.

Is your answer still the same, I shouldn't have anything to worry about?

 

[Viduus]

Like everything else in the interview, make sure it add to their understanding if you and your motivations. If the story is serves some purpose in the interview, use it. Nobody will think it is unprofessional.

My advice is don't over think interview.

 

[SN12357]

Hey everyone,

I'm considering briefly mentioning an anecdote regarding my brother and a life-threatening car accident he had, as well as the hospital at which he was treated. I'm mentioning his first name, which is very unique.

I was just wondering how this would look in regards to HIPAA violation -- that is, if I have his consent to speak about it (I assume the ADCOMs will know I have his consent seeing as he is my brother, even if I don't mention it in my essay?), is it still in violation, or am I in the clear?

Sorry if this question has a clear answer, I just want to be careful. I tried using the search function but I could not find something similar to my question with a good answer.

Edit: I realize many other cases with random patients in the ER you can simply say "A patient I will call Bob" or the like, but seeing as he is my brother, even if I do not mention his name, with all of the information through AMCAS and secondaries, I feel they would still be able to identify him, so it would defeat the purpose by not mentioning his name.

Definitely not a HIPAA violation because you weren't his health care provider. People talk about family experiences in their essays all the time--it's fine.