Hey Baby, You Look Sexy In That C-Collar

[Just Plain Ruff]

Sorry Dwayne, you guys are way off on HIPAA, I hope Ruff's friend will come on here and give us an education on the topic, a simple google search provided multiple cases of HIPAA violations. I could put hundreds of links in here, here are a few:

http://www.ehow.com/...violations.html

http://www.emrandhip...awsuits-coming/ This one involves an EMT

http://protogere.wor...ipaaviolations/

http://www.hhs.gov/o...s/allcases.html

http://hamptonroads.com/node/620174

Protected Health Information. The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media,

whether electronic, paper, or oral.

The Privacy Rule calls this information "protected health information (PHI)."12

"Individually identifiable health information" is information, including demographic data, that relates to:

•the individual's past, present or future physical or mental health or condition,

•the provision of health care to the individual, or

•the past, present, or future payment for the provision of health care to the individual,

Let's discuss what the medic did in terms of the above 3 points. All the reference internet sites cited have no bearing on this particular thread at least for the original post. Which was the supposed violation of HIPAA in regards to the medic taking the hospital face sheet, taking the patients number from that face sheet and using it to call the patient supposedly on a follow up call but then he asks her out on a date.

How many of you medics out there request a face sheet from registration in the ED? I'll bet every single one of you do. Unless you get a good gathering of patient information along with insurance information, the face sheet is the best method to get all your billing information in one place.

Hipaa violation - I don't believe so. let's look at the three items HLPP pointed out a the end of her most recent post

Individually identifiable health information" is information, including demographic data, that relates to:

•the individual's past, present or future physical or mental health or condition,

•the provision of health care to the individual, or

•the past, present, or future payment for the provision of health care to the individual,

the phone number is included in demographic data - that's a undeniable fact but does it relate to the next three bullet points. NO I don't think it does.

Does a phone number relate to the patients past, present or future medical condition - NO

Is a phone number a required piece of information in the provision of health care to the individual - NO

does the phone number constitute part of payment for past, present or future payments for the provision of medical care? NOPE not a bit.

A phone number is a protected piece of patient data. As per my additional email question to the HIPAA lady I know, she didn't really wish to discuss it further since she had a meeting out of town she was going to but she did allow additional questions after she returned next week.

So this is possibly a HIPAA violation but she said that anyone can claim a violation at any time and it will be investigated first by the agency involved along with the OCR or it's investigated by the OCR if the report or complaint is filed directly with the OCR. (OCR = Office of Civil Rights). I would suspect that if there is a complaint made, there will be no fine but I'll bet that the agency involved that this guy works at doesn't have a HIPAA policy or it has a very weak policy.

Be that as it may, the threat of a HIPAA/OCR investigation is daunting and scary to the organization involved and it behooves you to find out what your agencies HIPAA policy is and to have them develop a policy regarding HIPAA Now sooner than later.

The medic should be punished by breaking patient privacy and maybe HIPAA violations.

Edited to clarify my friends position as well as a miswritten statement.

Edited November 10, 2011 by Ruffems

[Just Plain Ruff]

Ok, I just sent an email to the Office of Civil rights explaining our discussion and what the medic did.

I hope to get a reply soon. I'll post it in it's entirety when I get it.

This will be the final ruling on this discussion I suspect.

I'll keep you posted.

[flamingemt2011]

Can't speak for hlpp dwayne but I believe obtaining the phone number for personal use was a violation. It is part of her demographic info and he used it in a non medical way, we do not know that her number was listed or unlisted. Imagine if u transported a celebrity and then gave his cell phone number to the enquirer for $100, think y wont be in trouble?

[tcripp]

Can't speak for hlpp dwayne but I believe obtaining the phone number for personal use was a violation. It is part of her demographic info and he used it in a non medical way, we do not know that her number was listed or unlisted. Imagine if u transported a celebrity and then gave his cell phone number to the enquirer for $100, think y wont be in trouble?

But the medic in question didn't sell the number to anyone, nor did he give it to any one. I don't think this analogy works.

So, let me put this twist on the scenario. For those who are calling this a HIPAA violation because he obtained the number for personal gain...would you consider it the same had he gotten her number (as he should have) when he was collecting demographics for his report?

[hatelilpeepees]

What flaming said dwayne that's what I believe. And my links showed how healthcare workers got in trouble doing less than this in some cases and refuted those that said it was not a violation unless it was electronically transmitted. Sorry I should have explained but was in a hurry.

I don't think it matters how u use it, it is the way it is obtained, what if a medic kept a copy if every patient care report in a file at home. Complete with ss#s but didn't ever steal an identity?

[Just Plain Ruff]

Actually I know a couple of medics who did that. They made copies of their reports after each shift. they said that if they ever got subpoena'd that they would have the original report to review compared to a possibly redacted report given by the lawyer.

[DFIB]

Actually I know a couple of medics who did that. They made copies of their reports after each shift. they said that if they ever got subpoena'd that they would have the original report to review compared to a possibly redacted report given by the lawyer.

I have often wondered about that and if it is legal.

[Just Plain Ruff]

I have often wondered about that and if it is legal.

One medic is still doing it last time I checked. He told me at one time he had 3 large file cabinets full of reports. He said that having those reports have "saved" him a couple of times. Saved him from what, not sure though.

[flamingemt2011]

I would think your employer would/should have a problem with that, it is the agency's medical record, not the medics.

[Just Plain Ruff]

I would think your employer would/should have a problem with that, it is the agency's medical record, not the medics.

I agree wholeheartedly Flaming. I expressed my opinions to the medic but he did't seem to care.