bstone
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There is no such thing as a "HIPPA violation".
Bystander Denied Access to Ambulance - Legal Issues?
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There is no such thing as a "HIPPA violation".
Ewok Jerky
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please see edited post for "?"
bstone
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My reply remains the same. There is no such thing as a "HIPPA violation".
JPINFV
Gadfly
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This is not the violation you're looking for.
1. It's HIPAA, not HIPPA.
2. Is there any indication that this fire department in question is a "covered entity"? If you don't understand what a "covered entity" is in regards to HIPAA, please look it up.
3. What does "treatment, billing, and health care operations" mean regarding to HIPAA, and how may it apply to this situation?
Ewok Jerky
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From the HIPPA page of the Dept of Health and Human Services Website hhs.gov (capitals added)
How To File a Complaint
If you believe that a covered entity violated your (or someone else’s) health information privacy rights or committed another VIOLATION of the Privacy or Security Rule, you may file a complaint with OCR. OCR can investigate complaints against covered entities.
Ewok Jerky
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hippa vs hipaa
my bad, forgot the kind of forum i was on...ill go back to lurking mode now
my bad, forgot the kind of forum i was on...ill go back to lurking mode now
bstone
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Again, it's HIPAA, not HIPPA.
As well, there is no HIPAA violation anywhere in these posts. No personal information has been released. I am a HIPAA complaint EMS provider and guard the privacy of my patients zealously. If you were to ask me if so-and-so was ever a patient of mine I would refuse to even respond to your question. If you were to ask me if I ever preformed an intervention on a patient who you somehow was able to determine was once under my care I would continue to refuse to answer the question. However, talking about the care of a patient in the abstract and without stating any identifying features of the patient is perfectly complaint with HIPAA. If it wasn't then a large chunk of the posts on this forum would have to be deleted.
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Ewok Jerky
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I thought we were talking, theoretically, about a bystander riding along in the back with a pt?
JPINFV
Gadfly
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Even so, are the systems where this would be likely to occur be considered "covered entities"?
Also, "treatment, billing, and health care operations."
Ewok Jerky
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and HIPAA violations do exist
Ewok Jerky
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I don't know about every agency in the US. I know my employer bills, and processes info electronically, so as far as I am concerned having a "rider" in this situation would be illegal
bstone
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I do not think you are correct. A HIPAA trained provider is covered if that individual is a "rider".
Ewok Jerky
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but not some bystander
bstone
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Depends who that bystander is. That patient's husband/wife/child/parent? They are generally covered.
Ewok Jerky
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you are correct, but the OP was asking about "civilians"
JPINFV
Gadfly
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Permitted Uses and Disclosures. A covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations:
What are Treatment, Payment, and Health Care Operations? The core health care activities of “Treatment,” “Payment,” and “Health Care Operations” are defined in the Privacy Rule at 45 CFR 164.501.
(2) Treatment, Payment, Health Care Operations. A covered entity may use and disclose protected health information for its own treatment, payment, and health care operations activities.19 A covered entity also may disclose protected health information for the treatment activities of any health care provider,
http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html
If I'm strapped for people and need someone to do CPR, than a CPR trained civilian is now a 'health care provider' in my opinion.
What are Treatment, Payment, and Health Care Operations? The core health care activities of “Treatment,” “Payment,” and “Health Care Operations” are defined in the Privacy Rule at 45 CFR 164.501.
(2) Treatment, Payment, Health Care Operations. A covered entity may use and disclose protected health information for its own treatment, payment, and health care operations activities.19 A covered entity also may disclose protected health information for the treatment activities of any health care provider,
http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html
- “Treatment” generally means the provision, coordination, or management of health care and related services among health care providers or by a health care provider with a third party, consultation between health care providers regarding a patient, or the referral of a patient from one health care provider to another.
If I'm strapped for people and need someone to do CPR, than a CPR trained civilian is now a 'health care provider' in my opinion.
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True, but not nearly in the numbers EMT students are lead to believe. HIPAA isn't as big and bad as it's made out to be.
I'd be more worried about a civil lawsuit than I would be about the HIPAA gods coming after me.
Just my 0.02 though.
I don't see how a rider, be it scheduled, a coresponder or a civilian would violate HIPAA provided the PT consented, if they are unable to consent it is implied.
Like I said before, it would take a very interesting and rare event for me to be OK with some rando riding in, and if they do they will be handing me a lot of stuff and that's about it.
mycrofft
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Let em ride and charge them for it.
Same as the pt.
Same as the pt.