Do you think this is a hipaa violation?

[mrsbull]

I was looking for some things online today and I came upon this. I am not too thrilled about what this guy did. I however can see where he was coming from in trying to prevent this from happening to other women and what to do IF god forbid it happens . I realize it is a bit older but there is a post on here recently about a myspace for emts. What do ya all think?

http://www.komonews.com/news/local/7238106.html

PORTLAND, Ore. (AP) - A Portland rape victim is suing a local ambulance paramedic who posted details about the attack on his MySpace Internet page.

She contends the paramedic invaded her privacy by posting the approximate location, what she said about her knife-wielding assailant and his description.

The lawsuit in Multnomah County Circuit Court contends the posting led TV reporters to her door, prompted neighborhood reconnaissance and may have impeded the police investigation.

The suit, filed on behalf of "Jane Doe," names both the paramedic's ambulance company, American Medical Response, and the paramedic, Simon P. Green.

She was raped and beaten at her Southeast Portland apartment Feb. 15. Green was dispatched to provide emergency medical care and take her to a hospital.

On March 4, according to the suit, Green wrote on his MySpace site how the stranger followed the woman into her apartment and sexually assaulted her.

On his MySpace site he suggested victims should fight off attackers if confronted by a knife or carry a gun.

"My advice: fight. It's only a knife, and any rapist is a coward who will probably turn tail at any resistance," his posting read.

Portland police have released no details of the assault, which remains under investigation. No arrest has been made.

Portland Detective Sue Fachini interviewed the paramedic. According to the lawsuit, Green told police he didn't think what he posted violated confidentiality laws because he didn't name the victim.

The detective told Green that the information on his posting could compromise the investigation, especially if the suspect saw the posting and tried to destroy evidence.

She told Green the victim had an expectation of privacy while she was riding in the ambulance.

The paramedic apologized to the detective, saying he was only trying to "get the word out" so other women would have an opportunity to protect themselves.

The victim is seeking economic damages for missing work, obtaining counseling and having to move, as well as non-economic damages for emotional distress, physical illness and loss of sleep.

She accuses Green and the ambulance company of violating her protected information, citing federal privacy rules.

Police determined Green did not break a law. "There's no crime in what this guy did," spokesman Sgt. Brian Schmautz said, "it's just morally reprehensible." (Copyright 2007 by The Associated Press. All Rights Reserved.)

(Copyright 2007 by The Associated Press. All Rights Reserved.)

[Richard B the EMT]

Kind of reminds me of a news crew error a few years ago.

Local news crew covering a story of a battered woman's shelter, but had the camera positioned in a bad place...showing the street address! Compounding this, the reporter said, "From ***** Street, this is ***** reporting".

That was the 5 PM news. At the 5:30 continuation, they showed the residents, hiding their faces, as they ran to a line of unmarked cars, possibly car service vehicles, which were leaving as soon as filled, burning rubber. By the 6 PM report, the door stood open, and the lights inside extinguished, literally, nobody home.

By the time of the 11 PM news, the reporter, now in the studios, apologized to anyone who the story had hurt, advised viewers that the shelter had been abandoned, and that the cameraman and sound tech had been fired.

I never saw that reporter again, on any of the New York area TV stations.

[BEorP]

HIPAA

[mrsbull]

HIPAA

Thanks Typo

[afib]

smells like hippa, looks like hippa,.......yeah i think it qualifies. another person NOT using their head.

[mrsbull]

I agree it looks like hipaa. The fact that he did not use the gals name and used the area surrounding the incident. The medic in question not use any pertinent pt info on his page, thus it leads me to believer that this is mostly an idiot not thinking about this actions.

It looks to me that he just did not use his head. However I am wondering what hipaa rules were broken here. This is just a question. I am not starting any trouble on here I am simply trying to clarify the actual violations. I honestly am minimally familiar with the regs. (What is taught in Basic school)

[Just Plain Ruff]

what makes this a hipaa violation??? No names just the location of the incident. I can't see this is a hipaa violation. Correct me if I'm wrong.

[triemal04]

Pt privacy issue definitely, but not a hipaa violation. Either way, the guy was fired within about a week of this coming to light back in March for various reasons, none of which were listed in the article.

[Christopher.Collins]

Ive (VERY) vaugley discussed calls but also very selective of who I talk to and what calls... of anything who the hell goes talking about a rape call on myspace? I mean there are some things just not worth "bragging" about.

The car (litterally) wrapped around a tree..., cool lol

Lightning strike..., kinda cool lol

Standby for bucket heads climbing a tree for a cat..., priceless :twisted:

Rape... NEVER COOL!!!!!!!!!

[Doczilla]

If any details of her injury was posted, and enough information was posted that anonymous persons (TV crews) knew who she was, then he violated HIPPA. The fact that a crime occurred at that address and that someone was injured there is a matter of public record from the police department. Details of injuries and treatment are not, and are protected health information.

Police and medics are not generally governed by HIPAA except in certain instances. HIPAA does not apply when disclosure is necessary in the course of their duties, which is why it is permissible to broadcast an incident location and nature over an unsecured radio frequency. It is not "within the course of his duties" to post it to a MySpace page.

HIPAA contains certain exceptions for disclosure to law enforcement agencies to alert the public to an imminent danger. He says that he just wanted to protect others in the area, yet posted to an internet website that is neither confined to his area nor comprehensive as public notifications should be.

There is nothing here that in any way constitutes adequate justification for posting details of a call on MySpace. There is no medical or public health benefit to posting it as he did. Really, he just wanted to share with someone about the cool/interesting/awful call that he had just run.

Whacker.

'zilla