Who is covered by HIPAA?

[DwayneEMTP]

So, I got something in my email from..someone, not sure who now, but it was talking about how the 911 calls of celebrities often end up online, or on TV. So why aren't they protected by HIPAA, or other patient privacy acts?

Often these calls contain private and priveledged medical information, that is in fact being transfered electronically.

Is it because those that create and record the calls aren't billing secondary to the information?

Doesn't really matter I guess. It's just one of those things that bugs me. For some reason celebrities aren't protected the same as others. If the punishment should fit the crime, when Hugh Grant gets a blowjob from a hooker in an alley and it makes the news...that should be time served, as that sentence is certainly more harsh than anything that they are going to give me. Or so Kiwi tells me...

And their private moments between themselves and 911, when they are in distress, the same as any of the rest of us, should be protected, shouldn't they? Or are they not protected for any of us? Perhaps I'm just not interesting enough to expose?

Don't know....

Dwayne

[paramedicmike]

I'm sure they're covered. But given the paparazzi coverage many of them have 24/7 the info will get out there even if none of the care takers say a word. I think until we know the source of the information we can't really comment on where it came from and whether or not their privacy is being violated by the EMS agency involved.

If it helps you feel better, there was a case in NJ a few years ago. Seems George Clooney broke his leg and wound up in the hospital. Multiple hospital staffers not involved in his care looked at his chart. They were all fired.

[island emt]

The dispatch info is not necessarily covered by HIPAA. How the press gets the info is probably a violation of departmental policies and procedures. In the end though 911 calls are a matter of public record and have to be released to the press/public in the event someone files a Freedom of information request.

Don't you think that the hollywood types thrive on the press they get. Who cares if a middle aged has been has a party and does legal/ illegal drugs and passes out.

BUT , make it a big deal with the paparazzi and news helicopters and it gets their name back on the charts.

[nypamedic43]

Requesting information through the Freedom of Information Act can take weeks. I am truly unimpressed with the fact that they may be famous. They put their pants on one leg at a time, just like I do.

They should be covered under HIPAA but usually that kind of thing is reported in a very short time. Quite honestly I could give a rats ass that Demi Moore is having health issues or that Heather Locklear just got out of rehab. These things truly fall under the "who" category for me.

However with all that being said, their rights should be protected just like yours or mine should be.

[tcripp]

I started to stay that the dispatchers are "exempt" but that isn't correct...they don't fall under the definition of whom the standards apply. And, as I understand it, the recording is public record and the reason it "can" be shared. Now, whether or not it "should" be shared is another topic of discussion.

Here's a good link for simplicity. http://www.hhs.gov/ocr/privacy/hipaa/understanding/training/index.html

Toni

[JPINFV]

Another thing is how many dispatch channels are able to be accessed via scanner? It's not like the paparazzi don't know where the famous people live.

[zmedic]

Went to a talk from a medical lawyer the other day. They said that HIPAA only covers those who receive money from Medicare/Medicaid. Ie Hospitals, ambulance services, doctors etc. The police aren't under HIPAA.

Now there may be other state laws that cover police releasing information. And if you give info you are at risk of being sued in civil court for libel/slander.

As others have said, 911 calls are public record.

[JPINFV]

Provided the information is true, how would there be cause for a tort for libel/slander? Bad information isn't illegal to write or say. Intentionally wrong information, however, is.

[croaker260]

Went to a talk from a medical lawyer the other day. They said that HIPAA only covers those who receive money from Medicare/Medicaid. Ie Hospitals, ambulance services, doctors etc. The police aren't under HIPAA.

Now there may be other state laws that cover police releasing information. And if you give info you are at risk of being sued in civil court for libel/slander.

As others have said, 911 calls are public record.

What he said, with one exception. TECHNICALLY, its only if you BILL ELECTRONICALLY to medicare/medicaid. SIlly, huh? But if you are one of the few agencies that still does total paper billing (Has nothing to do with how you write your PCR BTW) , then you may not be covered under this, but chances are you are still covered under other statutes at the federal or state level.

Now, for a "tip of the iceberg" of the complexity of HIPAA.

Sometimes non-medicare/medicaid agencies may also be indirectly covered under HIPAA, under something called a business associates agreement. Basically, if you use an E-PCR, your HIPAA covered agency is required to get one of these with the E-PCR vender so they dont disclose information that they may be exposed to on YOUR E-PCR's.

Other examples are the venders for drugs that supply hospitals, or drug/medical equipment sales/service reps that may assist clinicians in a hospital/agency/etc with new equipment or therapies, but arnt technically covered under HIPAA by them selves. You see this a lot in specialty wards, ICU's and ORs in hospitals and clinics, and during research trials.

Finally, some HIPAA covered agencies try to require these of other governmental agencies that they interact with, like first responders, contract transport agencies, etc....though there is mixed opinions and mixed success with this.

As a general rule, a governmental dispatch agency that is separate from the HIPAA covered EMS agency is NOT required to abide by HIPAA. Where it becomes confusing is when you may have a Non-HIPAA agency PSAP dispatch, but a HIPAA covered agency running a SAP or similar function (like an EMS agency doing their own dispatch, or a hospital run poison control center assisting a non-HIPAA dispatch agency).

I know , clear as mud, huh?

ANyway, here is the IMPORTANT POINT:

There

was a recent HIPAA related discussion on the NEMSMA google listserve. One of the posters made a very important point.

"In my experience, most managers should not follow their gut feelings about what HIPAA allows. The law is usually more restrictive than we think it is.".

The only people you should trust is your "privacy officer" or a Lawyer with EMS AND HIPAA specialties. And sometimes they get it wrong too.

Another

made the comments that HIPAA is both very complex and not intuitive at all, as you can see from my "tip of the iceberg" discussion above.

(Sorry Brother, I tried to help out with your double post but am on a 100 year old computer in the middle of the jungle. It completely hosed the formatting when I deleted the bottom half, not sure why, and this is about as close as I could get it to the original.

Note to all. It was formatted perfectly before I started screwing with it.....Dwayne)

[croaker260]

SOrry about the double post above, my computer glitched during the posting and for some reason it double posted.