Patient Privacy Scenario

[Sapphyre]

HIPAA = Health Insurance Portability Act
I have no idea what HIPPA is. Just throwin' that out there.

If it's HIPAA as you say, where's the second A in your expansion?
It's HIPPA = Health Insurance Privacy and Portability Act

As to the rest of this, I once slipped on a puddle of water on the floor at Sears. Hit the ground hard enough that the seam on my shorts left a line on my thigh, and for the first couple of minutes, the leg was so stunned it wouldn't bear my weight. (I was maybe 12, and was a thin/short child, not much weight to bear). The store personnel insisted I fill out their form toe covered to check checked out on their dime, and to cover their arse in case I was seriously injured and the family decided to sue, and make it out to be worse than it was.

Of course, the difference was, it was store personnel who presented the form, not EMS. I don't know, if you were hired to be the coverage for the event, it kind out sounds like you'd be billing the event company, and as such, them being the payer, it's information they want/need to know.

 

[wolfwyndd]

If it's HIPAA as you say, where's the second A in your expansion?
It's HIPPA = Health Insurance Privacy and Portability Act

Sorry, my bad. Health Insurance Portability and Accountability Act.

Although this does bring up an important point. We're all medical professionals and even we can't get it right.

 

[BossyCow]

GET OFF THE TYPOS. Its really annoying.

Whether or not I annoy you has nothing to do with the thread.. please stay on topic.

I just had to have MIR's reprinted because of this typo. HIPAA is a regulation that we need to follow, we should be able to spell it correctly

 

[paramedix]

Wow, reading all the posts, I really wish our personnel would be so protective over patient confidentiality.

Bit off the discussion... what happens when you have two or more patients in your rig and you do a SAMPLE or obtain other info from each patient. Isn't that a bit awkward blaring your patients condition out to a stranger - provided the other patients are unrelated to yours...

It happens here all the time. More than one patient in a rig and you have to get the details done... you need to ask.

When we attend events or major events we are obliged to divulge information of injuries that occurred on the premises of the event during the event.

This information only consists of:
1: Time & Place
2: Nature of Injury & MOI
3: Tx to Hospital YES/NO
4: Ref Number

No other details are submitted and we never had any comebacks, unless a liability claim was brought forward and then we have to release the details according to the Ref Number. The organizers usually keep this basic record for future improvements/stats and logging.

 

[karaya]

The part time private employer of the event such as a concert or sporting event is most likely not a covered entity as defined in HIPAA rules. Since the employer does not submit medical claims electronically they would not be considered a covered entity and therefore you would not need to comply with HIPAA.

The responding EMS provider most likely is a covered entity and their medics would need to comply with HIPAA.

HIPAA definition of covered entity is very clear as to who and what it applies to. A lot of paramedics and EMT's are under the false impression that HIPAA applies to them no matter where they work and that is simply not true. For instance, if a fire department runs ALS pumpers and yet provides no transport services with electronic billing then they are not a covered entity and HIPAA does not apply to them even though they staff EMT's and paramedics.

Hope this helps to clear things up.

Ray

 

[JPINFV]

http://www.cms.hhs.gov/HIPAAGenInfo/Downloads/CoveredEntitycharts.pdf

Page 3 has a 2 step flowchart that tells you if you are a covered entity. As have been said before, if the event is not billing for medical services, then you are required under terms of your employment (insubordination is an offense that can lead to termination) to release your patients information to your superiors.

BTW, karaya, welcome to the boards and if I am reading your avatar correctly, stop stealing my bodily fluids.

 

[karaya]

BTW, karaya, welcome to the boards and if I am reading your avatar correctly, stop stealing my bodily fluids.

You are correct sir! Thanks for the welcome!

Ray

 

[LIFEGUARDAVIDAS]

>Question to FullArrest (original poster):

You wrote: "I work a lot of private events as a means for some extra income. I have often come across organizations (especially professional level sports organizations) which have their own medical paperwork (entirely risk management tools) that they like hired EMS personnel to fill out."

When you say "like" what do you exactly mean? Does your contract / work agreement with the event Organization cover this? -I mean, is one of your responsibilities / is it among your duties to fill their own paperwork? / -Is it mentioned in the job description?


>Question to any of the replyers:

Let's say (hypothetically) it is an HIPAA violation, and (according to the contract / work agreement) it is one of the responsibilities of EMS personnel hired for the event.

If the patient files a complaint and starts legal actions, who would be the accused party? (The EMT hired for the event, the Organization hiring him, both?).

If the EMT was hired by the event Organization through an event services company, could the latter be sued too?




Guri

 

[karaya]

The patient could file a complaint with the OCR in which the OCR could take the issue up with the covered entity and the individual. However, HIPAA does not allow for private suit from the patient directly related to HIPAA. All the patient is allowed to do under HIPAA is file the complaint.

State laws may provide a course for the patient to take private suit against the entity and or individual; most likely a violation of a state privacy tort.