HIPAA VIOLATION

F

Flyguy1488

Forum Ride Along
Messages
7
Reaction score
1
Points
3
Well a friend of mine who is EMT got a call from her job about a picture she posted. The picture was of someone sitting in a wheelchair and that person in the wheelchair back was towards the camera out side in the dark it was blurry. The caption on the picture said. "Pull up at 430 am for my first patient and seen this yes that's someone sitting in a wheel chair facing the fence." My friend said it wasn't a patient they was there to pick up nor did she know if that person in that wheel chair was real or fake my friend said because of Halloween it look creepy and took a picture and shared it. Now my friend job is saying my friend violated HIPAA. Me being a concern friend is try to find her some concrete answers. My friend said she has been in health care field for years and all the HIPAA info was on patients privacy on medical records info name ,address or birthdays that kind of stuff. Nothing on social media. Not even in her EMT course to become an EMT. Which sounds about right because the place my friend took the course is loosing there accreditation for multiple reason one being poor passing rate. My friend works for a private medical transport company and I asked my friend did the company my friend work for give any information on HIPAA when they were hired. My friend said no. They did two and half days of working out in the field on the ambulance that's it. Im just trying to calm my friend. Help my friend with what to prepare for if anything.
 
I'm not sure if you are trying to go this route, but we can't give any legal advice here. It is generally not a good idea to take pictures at work. Some companies have policies that are stricter than HIPAA or State Privacy Laws. This includes things like taking a selfie with your uniform and such. Also some states will allow employers to fire whoever for whatever. EMTs/Paramedics posting pictures or making comments on social media and getting fired as a result of it seems to be a constant recurrence.
 
Definitely not a HIPAA issue, but still a faux-pas (depending on how the photo and caption are interpreted).
 
I'm going to go with Faux-Pas based upon the summary.

Kind of like Hooters, tacky and unrefined, distinctly unprofessional but not patently illegal (except in some very conservative countries), if there was a lack of identifying information (blurred out.)
 
Thank you all I really wasn't looking for legal advice but more of what I can tell my friend to expect when the job calls. So my friend can be let go from the job for violating HIPAA even if they never did any in services or any thing about HIPAA in the work place. Not even when they hired my friend and trained my friend.
 
You can be let go for ANY reason or NO reason...and if HIPAA was the reason, I doubt it would be mentioned. You sound like you are fishing now reference no training during orientation, etc. The reality is this young Padiwan....companies can hire and fire at will and if you tell yourself any different then you are lying.
 
And WHAT is the deal with this younger generation...snapchatting, selfy-ing, facebooking their entire damn life minute by minute??? I mean seriously...get over yourself already...do your job, go home and post your personal crap (after thinking it through and being sure you really want to post it) but leave your professional stuff off line. Heck, leave 75% of your personal life offline as well...I promise you, me, most of us are simply not that interesting except to ourselves.
 
Not fishing just trying to help out a friend. I have limited knowledge of HIPAA. I came here to seek more reliable information from ppl who work in the field. I'm trying to see exactly what's what if they decide to file a complaint with OCR. Which I've read only a little about after my friend told me what's going on.
I am pretty sure if you did something seamlessly innocent just to found out that you may or may not have broke a law, you would want to know all you can about what you have done. My friend thought it through... in Celebrating the up come holiday seen something creepy , took a burly picture with no identifying marks no name or health info. I just want to know all consequences of my friend actions and let them know as real friend that hey buddy you f up. This is what you have deal with on top of possibly being fired.
 
Why do I feel like "my friend" is code for "me"?

Ultimately whoever it was didn't violate any laws, well unless they were using their phone to take the picture while driving.

However depending on what state and if they're an at-will state or not they can basically fire you for whatever they want. I'd tell "your friend" to stop posting pictures of people that could be misconstrued as a patient while at work.


Sent from my iPhone using Tapatalk
 
Anytime you whip out a camera while on the job, then yes you have "f up".

Ignorance of the law, any law does not acquit one from the consequences of their actions. I so want to go back to high school and teach a custom designed "Is this real life" course and include all the stuff young people should know.

As you have described the event, it is NOT a violation of HIPAA, however it IS potentially a violation of patient privacy and absolutely is a violation of personal PROFESSIONALISM and ETHICS.
 
lol I wish it was me. I can own up to my mistakes better and deal with what ever consequences come with that. But to see my friend have a nervous breakdown down over the situation is what brought me here.
 
akflightmedic said:
Ignorance of the law, any law does not acquit one from the consequences of their actions. I so want to go back to high school and teach a custom designed "Is this real life" course and include all the stuff young people should know.
Click to expand...
Can I be your TA pleaseeeee :)! Seems like what I preach every day :/
 
Reading up on HIPPA and from the info you all have provided, it such a thin line with HIPAA.
 
HIPAA is such a thin line since it's based on insurance providers, and there needs to be a "catastrophic" mess up for a provider to be truly in violation of HIPAA. At least by my understanding. Since ethics and morales have gone by the wayside and out to sea, if your looking for a guilty not guilty, I'd say not, but your friend is not the type of person I'd like to work with.
 
Aww so harsh . I think my friend is an fine individual that just made a poor decision. How can you say you wouldn't like to work with them, just with the situation given? I'm pretty sure we all made mistakes and don't want to be judge by those mistakes.
 
The field I work in mistakes get people killed or seriously hurt. They may very well be a great person that messed up once, but it makes me question. Not
Just your friend but like others have been saying, if they took a picture of that, what's stopping them from Snapchatting me with a patient or then snapping and driving, or anything else like that. I don't snapchat me going into a house for a field visit or, chasing somebody at my main job, Just like emts and medics shouldent be taking pictures of just about anything while working.

Am I harsh... You bet, but I am also reasonable, and honest.
 
I can see where you could think that but that's wasn't the case here. I want thank you all for your replies, and further more thank you all for the work you do!
 
I'm not on here to berate people, I just think "honesty is the best policy", so I am honest brutal at times. @Flyguy1488. &my pleasure :)!
 
akflightmedic said:
Anytime you whip out a camera while on the job, then yes you have "f up".
Click to expand...
Not necessarily... I have taken picture of car accidents, because when the trauma attending says "this guy is fine, why did you take him here instead of to the trauma center"? I can say "because he was unrestrained with a foot of intrusion into the driver's side door where he collided with the tree.... don't believe me? check out the picture I took of the car."

Now putting the picture on social medial, that's a different story.
akflightmedic said:
Ignorance of the law, any law does not acquit one from the consequences of their actions. I so want to go back to high school and teach a custom designed "Is this real life" course and include all the stuff young people should know.

As you have described the event, it is NOT a violation of HIPAA, however it IS potentially a violation of patient privacy and absolutely is a violation of personal PROFESSIONALISM and ETHICS.
Click to expand...
And when EMS employees are a dime a dozen, don't be surprised if they want to fire your friend and replace her with someone who is a little more professional while on the job.
 
The thing with HIPAA is that nobody that i know if actually fully understands it, even some of the docs. maybe @ERDoc could weigh in on that side. with while DrParasite said, is true and legal. While i'm not entirely sure that i would want to do it. Like previously stated since it is not universally understood, that means IF and a big IF the case goes to court it will be a toss up. While this may seem out in left field i also think that it is kind of relevant due to the fact everybody is willing to sue at the first opportunity.
 
You must log in or register to reply here.
Back
Top