Are generic story's a volition of hipaa
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adamjh3
Forum Culinary Powerhouse
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No.
"I went to a call where a dude got a broken leg after being hit by a car" <-- Okay
"Went to this sick call on 1st and Elm, this dude named John Adams got hit by a car while crossing the street and broke his leg" <-- not okay.
"I went to a call where a dude got a broken leg after being hit by a car" <-- Okay
"Went to this sick call on 1st and Elm, this dude named John Adams got hit by a car while crossing the street and broke his leg" <-- not okay.
firetender
Community Leader Emeritus
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I think common respect and courtesy, even a little bent toward protecting the people involved is a far better guideline than worrying about the legal ramifications of HIPAA. You can express that creatively without compromising anyone's privacy or reputation.
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This.
Patients have their right to privacy but HIPAA is a terrible excuse to use for justifying your reasons. Give me 24 hours to find my sources seeing as it's late and I'll show you why.
This about sums it up, I haven't heard or read of anyone in EMS facing litigation for a violation of HIPAA.
I wouldn't go posting sensitive information on your facepage though.
Sanner Land....
Before joining fire and EMS in 2008 I never had a scanner. I was given one because on nights we are on call, we provide mutual aid for the surrounding towns so that we can get a heads up when we hear a second tone go unanswered.
Well.. I learned I was in the minority and that a boat load of people have scanners. That add's a level of complication in a small town.
Take this example.
I get a call, OD... transport, whatever....
Fast forward a couple of days and there are "lay people" in the station for a community event and I am having a conversation, being careful not to mention any PHI.... I say something like, "so the patient had taken an unknown amount of sleeping pills....." - Harmless right?
Well, if one of those lay people have a scanner, knows my call signals and heard where I responded too they just pieced together a story with names, addresses and PHI to go along with it.
Just saying, there are ears into our world and there are people just looking to fill in the blanks.
Before joining fire and EMS in 2008 I never had a scanner. I was given one because on nights we are on call, we provide mutual aid for the surrounding towns so that we can get a heads up when we hear a second tone go unanswered.
Well.. I learned I was in the minority and that a boat load of people have scanners. That add's a level of complication in a small town.
Take this example.
I get a call, OD... transport, whatever....
Fast forward a couple of days and there are "lay people" in the station for a community event and I am having a conversation, being careful not to mention any PHI.... I say something like, "so the patient had taken an unknown amount of sleeping pills....." - Harmless right?
Well, if one of those lay people have a scanner, knows my call signals and heard where I responded too they just pieced together a story with names, addresses and PHI to go along with it.
Just saying, there are ears into our world and there are people just looking to fill in the blanks.
AlphaButch
Forum Lieutenant
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In McDonl's example, there wouldn't be a violation, since they got it off a scanner (in essence eavesdropping). This is why you can talk to a patient in a shared room - you just have to do what you can do to provide reasonable privacy. Of course, you would only want to relay the minimum information over the radio regardless (address, complaint, etc), if you need to be more detailed, you should try to use a more secure line.
The service or agency you work for/with should provide you with HIPAA training in addition to the training you've received for your certification. If not, there are many HIPAA classes available on line (and will provide you CE).
The service or agency you work for/with should provide you with HIPAA training in addition to the training you've received for your certification. If not, there are many HIPAA classes available on line (and will provide you CE).
medic417
The Truth Provider
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Are generic story's a volition of hipaa?
HIPAA doesn't make choices so then the answer to your question is no it is not a volition of HIPAA.
:rofl:
HIPAA doesn't make choices so then the answer to your question is no it is not a volition of HIPAA.
:rofl:
JJR512
Forum Deputy Chief
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I think this would be a great article for many people to read. I think many people know only that the line exists, but aren't really sure where it is, so they tend to err towards one extreme of the spectrum. For example, crying foul when someone quotes a news article which happens to mention a patient's name. It isn't the fault of the person who quoted the article.
I mean honestly, the way some people seem to think, I'm surprised they don't get all upset about obituaries. "Mrs. Smith died at the age of 98." OMG! They released Super Secret Personal Information! I don't know whether to :rofl: or
.
truetiger
Forum Asst. Chief
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As long as you steer clear from names you're in good shape. You could even say you responded to 123 xyz street for an overdose, full arrest, etc.
AlphaButch
Forum Lieutenant
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This would be too specific if it were someone's residence. If it's relatively (to lay persons) easy to identify the patient given the information, you should consider it protected.
i.e. Using a teaching example starting with - I responded to 212 Winterdale for an elderly cardiac patient (where it's a house, easy to identify the patient - not acceptable). VS. We had an elderly cardiac patient..(acceptable)
As for the newspaper release - they aren't regulated by HIPAA unlike healthcare providers.
I don't know of anyone that has been found in violation of HIPAA, I've known of a few filed breaches (filed as a precaution). I know alot of folks that cry HIPAA when it doesn't apply (such as between providers when transferring patients) or don't understand how simple a concept it actually is.
Leave out times, addresses, names, tattoos or markings or any information that can identify the patient unless it's required for patient care. It's not that difficult folks.
We are dispatched by the SP, and we are often dispatched to "The Smith Residence".... I know that in a small town, the callers often know the responders and feel like giving their names would matter but SP should not pass it along.
Mr Brown... look at the totem pole..... look waaaaaay to the bottom of the pole... then, get a shovel and dig about 10 feet down... that is where you will find Mr. Mcdonl.... I just try not to kill people. I have voiced my opinion to those closer to God on the totem pole, but I live with the earthworms and like it that way.
truetiger
Forum Asst. Chief
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This would not be too specific as it is broadcasted over the radio. "Units responding 123xyz St your patient is a 54 year old male complaining of chest pain with difficulty breathing. Patient has prior cardiac history."
Not saying it's a good idea to give up that info but it's not protected by HIPPA.
medic417
The Truth Provider
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White man research Totem pole and you will find you have reversed the rank of the levels of the Totem pole.
AlphaButch
Forum Lieutenant
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Sorry, I could have been more clear. I had previously posted about radio communications and that applies across the board. Even in mcdonl's case, it wouldn't be a violation because it's on the radio and they're using the names as a means to get care to the patients (not the preferrable means, but not a violation).
Relaying information is not a HIPAA violation if done to facilitate or ensure patient care and reasonable privacy considerations are met (i.e. radio, closing a door, etc).
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