InquiringEMT

Is this a Hipaa Violation

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If an EMT is off duty and doesn't even work an incident, but then proceeds to talk about the incident to other community members who were following the news of this incident, can that EMT be held liable under HIPAA Laws? (The EMT had no first hand knowledge of the incident as he/she was never on site.)

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I would say that if the EMT was not accessing privileged information from run reports or other confidential documents then there is no expectation of HIPAA protection.  If they are just regurgitating the news that everyone else posses then the EMT would be all set.  If the EMT is acting as a representative of the organization as he speaks of the incident, there may be internal policy issues but no HIPAA issues.   

I look forward to what everyone else has on this.

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If the EMT was never on site, never took care of the patient and was just speaking of the incident in a passing manner, then there is no HIPAA violation.

But....did the EMT act like he/she was on site or took care of the patient, like he/she was there?  If so then there may be a mis-representation issue going on here and that needs to be nipped in the bud.  

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