HIPAA violation?

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Shaysurfs

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So, if a person, who has had a substantial career in EMS, but is not currently working in EMS, discusses specific details(ie: the patient's real name, age) of an incident he/she was dispatched to years ago involving a celebrity, is that still considered a HIPAA violation? Or does HIPAA only apply to those still working in EMS or other industries where it would apply?
 
Did the service the individual was working for bill for services?
 
No, he/she was the paramedic.
 
Shaysurfs said:
No, he/she was the paramedic.
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If the service didn't bill, then the provider is not a "covered entity" under HIPAA guidelines. Therefore HIPAA doesn't apply.
 
Oh, I'm sorry I read your question wrong. I am pretty sure they did since the patient was treated and transferred and would've had the funds to pay the bill.
 
So HIPAA still applies in that situation even if the person doesn't work in EMS anymore? Hmm...very interesting. Thank you!
 
How many years ago are we talking? Was it before HIPAA was enacted?
 
Shaysurfs said:
Or does HIPAA only apply to those still working in EMS or other industries where it would apply?
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As I understand it, HIPAA applies to organizations. JPINFV pointed out that covered entities are defined by whether they transmit information in electronic form; therefore, an individual who bills for services is a covered entity, but an employee of a company that bills for services is not himself a covered entity.

However, the DOJ concluded that covered entities are criminally and civilly liable for HIPAA violations by their employees and that employees of covered entities might likewise be liable (I don't have the law background to untangle that part).

As for how time plays into this, I don't think anyone's looked into it because there are plenty of other ethical, practical, and legal deterrents to violating patient privacy even after the fact.
 
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The person in question is not in danger of any HIPAA violation threats/cases, as far as I am aware of. I was just wondering as I am learning about medicolegal stuff in my EMT class currently and recalled this specific situation and I was just curious...thank you.
 
This does not violate HIPAA but if this person is in California it violates AB211.

That brings bigger penalties than even HIPAA for the individual provider and was signed by the Governor after several incident involving celebrities.
 
The Patient's identification was definitely expressed verbally and in front of a large group of people, however, I know that any charges or fines are determined based on several factors, like how long it has been since the person was licensed and etc.
 
Was this a large group of people who have in the past, or currently have a large probability, of transporting this person? There's a big difference between discussing a patient in the middle of an EMS station with other crews (I'd argue a technical violation, but one unlikely to cause... well... anything) and standing on a street corner shouting out a patient's name and condition.
 
It is a possibility that someone within the group could come into contact with the patient...it is probably unlikely, but, nonetheless a possibility. This was a large group of people who, let's just say, may eventually end up working in EMS or in the medical field in the future.
 
Shaysurfs said:
It is a possibility that someone within the group could come into contact with the patient...it is probably unlikely, but, nonetheless a possibility. This was a large group of people who, let's just say, may eventually end up working in EMS or in the medical field in the future.
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Yea.... that wasn't what I was going for. I mean more of a bunch of coworkers sitting at the station discussing Bob, the MWF dialysis patient who just went to the hospital with C. diff, not an EMT class or recruitment session.
 
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