Question about HIPAA Violation

[CherryRedDracul]

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Hypothetical Scenario: So let's say a person who shadowed a doctor mentions to you that the doctor sees a certain famous athlete and his family as patients.

Would this be considered a HIPAA violation?

 

[notbobtrustme]

possibly, depends on how much information he gave out. I'd leaning towards no though.

 

[CherryRedDracul]

possibly, depends on how much information he gave out. I'd leaning towards no though.

No other patient information was revealed, and I was leaning towards "no" also, but I just wanted to confirm.

 

[Dral]

Hmmm, I'm not totally sure, but I'm leaning towards that being a violation.

The only exceptions I can think of are if the patient consented to have that info revealed or if the person being told is somehow involved in the care of the patient.

 

[235009]

If that's all that is said it's not a violation

 

[metopic]

No, but it's still messed up. So don't do it. If the person shadowing happens to be you don't do it. You'll look like a tool and I'll hate you.

 

[Elisabeth Kate]

How is this not a HIPAA violation? Sounds like one to me.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html

 

[Dral]

How is this not a HIPAA violation? Sounds like one to me.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html

Yep. Some may argue that there is room for debate based on that, but it seems like a violation to me. Identifying information relating to provision of healthcare was disclosed.

What if the doc was an oncologist, addiction specialist, or HIV specialist? The 'hypothetical' person could have just outed that famous person as possibly having cancer, drug addiction, or HIV. Total violation.

 

[235009]

just reread the OP. if the athlete was named then yes it's a HIPAA violation. it's not clear from the post whether that's the case though

 

[metopic]

just reread the OP. if the athlete was named then yes it's a HIPAA violation. it's not clear from the post whether that's the case though

Right, if the kid said "X doc sees a certain famous blah blah" not a violation. "X sees shaq and his 2 foot tall girlfriend" is a different story.

Either way questions like these are why HIPPA exists. Even though I hate it, the massive number of scumbag attention whoring idiots makes it necessary.

 

[Dral]

I took certain to mean specific...meaning name was used. If no specifics, then yah, no foul.

Either way, if the hypothetical person did use a specific name, they should hypothetically forget they did it and hypothetically not do it again. 😉

 

[SouthernSurgeon]

What if the doc was an oncologist, addiction specialist, or HIV specialist? The 'hypothetical' person could have just outed that famous person as possibly having cancer, drug addiction, or HIV. Total violation.

Right that was what came to mind to me. It might not seem like that big a deal...but could potentially open a can of worms and gossip about health.

I also took the OP's post to mean that the athlete's name was given.

 

[inmyslumber]

There used to be a surgeon I worked with who name-dropped athletes all the time. Yes, it is a HiPAA violation (unless the athlete states he/she does not mind). No, I never said anything.

 

[gettheleadout]

It seems like this becomes roundabout when a physician is billed as "Team Physician for the [major sports team]."