Violation of HIPAA?

[Greenworks]

---

Members do not see this ad.

If the management of a dental office plans to send digital xrays of the ideal aged patients from their patient pool to the oral surgeon so that he can evaluate for the possible extraction for wisdom teeth and this is to be done without referral from general dentist. Is this HIPAA violation?

 

[CardiologyJosh]

Is there identifying information?

 

[djeffreyt]

If the management of a dental office plans to send digital xrays of the ideal aged patients from their patient pool to the oral surgeon so that he can evaluate for the possible extraction for wisdom teeth and this is to be done without referral from general dentist. Is this HIPAA violation?

I believe the answer is yes. Despite whether or not there is identifying information, these patients have not requested the release of their personal health information. Doctors may share patient information between each other in order to formulate plans and diagnosis, but office staff do not have this same privilege and if the doctor is not requesting these radiographs be sent out for referral and has made no disclosure of this in any records the patient has signed with the office then this is likely a HIPPA violation.

 

[a1pv74all]

We are dealing with a similar issue (which I will start a thread about), but HIPAA is very strick but it's focus is PHI (patient health information), and preventing it from being viewed by people who are not authorized to see it.

If the Doctor's office HIPAA form the patents usually sign state that anyone in the office can view the patient info, then it is not a HIPAA violation if office staff are part of an information transfer.

I hope this helps.

 

[theleatherwalle]

If you think its a violation, don't do it.

Basic thing learned in school

 

[rarm1]

This sounds like a research study where the OMS is evaluating "aged" patients for treatment needs. If it is, then you would also need a research approval.

If the doctor is asking the OMS for an opinion, on "ideal" aged - 14-22 lets say. He wants advice. The consent and HIPPA forms the patient signs should allow this, even if the patient will not be referred. This allows the dentist to seek help and save teh patient a referral fee. Often I have been asked about patients and make comments, if the patient is better (classic signs of candidosis and easy treatment) I won't need to see them.

I am not sure what you mean my management. the dentist? his employer?
If it is the employer, are they checking on the dentist's decisions. This would be included in the dentist's contract and the consent/HIPPA forms allow for quality review.

As a consult for the Commission on Dental Accrediation of the ADA, we make sure there is a business agreement in place that meets HIPPA requirements so we are allowed rto review records.

just my opinion, not knowing all the facts.