HIPAA Rule - Do we know what we need to know

[hatelilpeepees]

<p>Here is the whole thing, have to go to work, will read it thoroughly and report back:

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html

Edited November 10, 2011 by hatelilpeepees

[Just Plain Ruff]

<p>Here is the whole thing, have to go to work, will read it thoroughly and report back:

http://www.hhs.gov/o...mary/index.html

I believe I already posted that link earlier this week. I pulled many specific points out of that website.

[hatelilpeepees]

sorry ruff, did not see that, I apologize, but I think it would be a good discussion since we have folks claiming to know they are right, but are contradicting each other.

[DFIB]

I don’t understand why this is difficult. Just don’t disclose patient information.

[JPINFV]

I don’t understand why this is difficult. Just don’t disclose patient information.

[deliberately taking this out of context]

So we can't disclose patient information to hospital staff, billing, or CQI (respectively treatment, billing, healthcare operations)?

So we can't disclose patient information when we believe a crime has been committed? How about a detective asking questions regarding where you took a witness?

[DFIB]

[deliberately taking this out of context]

So we can't disclose patient information to hospital staff, billing, or CQI (respectively treatment, billing, healthcare operations)?

So we can't disclose patient information when we believe a crime has been committed? How about a detective asking questions regarding where you took a witness?

You souldn't act naive about the rules that regulate patient information. Good questions all, if I were in grade school.

[HERBIE1]

[deliberately taking this out of context]

So we can't disclose patient information to hospital staff, billing, or CQI (respectively treatment, billing, healthcare operations)?

So we can't disclose patient information when we believe a crime has been committed? How about a detective asking questions regarding where you took a witness?

The name of the hospital where you transported your patient is not PHI, but it becomes up to a witness or a victim to cooperate with the police once they are tracked down. Unless a law mandates reporting of a crime- ie abuse, neglect, injury on public property, GSW's, etc- then it's up to the victim/patient to determine if they want police involvement- not us. We certainly can make the notification for them if they want, but that's the extent of our responsibility.

[Just Plain Ruff]

The only information I am allowed to release at the ER I used to work for is the following.

1. patient is here

2. Patient is being seen

3. contact the family for further information.

I don't even go that far. I tell the caller to contact the family for information.

We have the jane does and the no information patients but I always ask the patient this quesiton and I recommend you do the same. "If someone calls for you asking about you, do you want me to tell them you are here or not?" If they say yes you can tell them, then I ask the patient the next question. "What phone number or person do you want me to refer them to about you"

that usually tells the patient I'm protecting their privacy and it allows the patient to give me a name and number of someone they trust to give to the caller. Usually it's the wife or husband but other times it their pastor or friend. Depends on the patient.

Same with people who ask you about the patients you see int he ambulance. the simplest thing to say is this "I cant tell you that, sorry"

[JPINFV]

The name of the hospital where you transported your patient is not PHI, but it becomes up to a witness or a victim to cooperate with the police once they are tracked down. Unless a law mandates reporting of a crime- ie abuse, neglect, injury on public property, GSW's, etc- then it's up to the victim/patient to determine if they want police involvement- not us. We certainly can make the notification for them if they want, but that's the extent of our responsibility.

However, none of those were HIPAA violations, which was the point I was trying to make and none of those require the patient's permission to disclose.

Edited November 10, 2011 by JPINFV

[ERDoc]

We pretty much operate the same way as Ruff. We can only say if they are there or not. The pt can tell the caller all they want to, but we cannot. The problem with something as big and vague as HIPAA is that it is open to interpretation. Our lawyers have decided that it means we cannot notify the police if a pt has been assaulted, etc with certain exceptions such as child abuse or if a knife or gun was involved. We have had a few instances where the police bring someone in and say they are arresting them but will be back in 12 hours when they are sober. We've been told that we cannot notify them once they are sober. If the pt chooses to leave once they are sober we have no grounds to keep them. We are not cops so we cannot detain them against their will at that point, but it is violating their HIPAA rights if we let the police know the pt is ready to go.