Are people truly still this foolish?

[akflightmedic]

I guess these paramedics skipped the HIPPA class.

Well, first of all it is called HIPAA not HIPPA.

This case took place in February 2001, long before HIPAA was implemented.

What does HIPAA have to do with the story anyways? Just curious.

For those that are interested, HIPAA the first part was created in 1996. The second part of the act which governs how we handle private medical information was implemented in April of 2003 with one year extensions for smaller organizations.

The security portion of the act which affects us the most, was issued on 4/21/03 with a compliance date of 4/21/05.

It lays down the rules for administration safeguards(such as privacy officers, ongoing training,etc), it also covers physical safeguards and technical safeguards.

Final enforcement/compliance took place THIS YEAR! As of 3/16/06, no one is allowed any more violations or leeway with noncomplaince. Now they will start issuing huge fines and not letting the violaters get away due to the excuse of we didn't have adequate time or whatever.

If you do not bill for your services, you do not have to comply with HIPAA!! Does that mean it is ok to give out information because you do not fall under this act, of course not! Its not criminal but it is unethical.

For example, over here in Osama land, we do not bill for our services so I am free to share info with anyone. Granted, we dont post flyers but if a supervisor is wishing to follow up on an employees illness, we are allowed to share. We do have some safeguards meaning illnesses one might attain while on RnR, rape, etc. those are treated with a little more due regard, but for th emost part even if we talked about it we would not be in violation of HIPAA.

Non transport fire departments, and volunteer agencies that do not bill are in the same situation.

[Asysin2leads]

Actually, HIPAA applies to all healthcare providers, volunteer or paid.

FROM WIKIPEDIA:

The Privacy Rule

The Privacy Rule took effect April 14, 2003, with a one-year extension for certain "small plans". It establishes regulations for the use and disclosure of Protected Health Information (PHI). PHI is any information about health status, provision of health care, or payment for health care that can be linked to an individual[12]. This is interpreted rather broadly and includes any part of a patient’s medical record or payment history.

Covered entities must disclose PHI to the individual within 30 days upon request[13]. They also must disclose PHI when required to do so by law, such as reporting suspected child abuse to state child welfare agencies[14].

A covered entity may disclose PHI to facilitate treatment, payment, or health care operations[15] or if the covered entity has obtained authorization from the individual[16]. However, when a covered entity discloses any PHI, it must make a reasonable effort to disclose only the minimum necessary information required to achieve its purpose[17].

The Privacy Rule gives individuals the right to request that a covered entity correct any inaccurate PHI[18]. It also requires covered entities to take reasonable steps to ensure the confidentiality of communications with individuals[19]. For instance, an individual can ask to be called at his or her work number, instead of home or cell phone number.

The Privacy Rule requires covered entities to notify individuals of uses of their PHI. Covered entities must also keep track of disclosures of PHI and document privacy policies and procedures[20]. They must appoint a Privacy Official and a contact person[21]responsible for receiving complaints and train all members of their workforce in procedures regarding PHI[22].

An individual who believes that the Privacy Rule is not being upheld can file a complaint with the Department of Health and Human Services Office for Civil Rights (OCR) [23][24].

SOmedic, you're going to have to clarify exactly what you mean by "protected minority" status. If you mean you can't discriminate against someone because of their sexual preference, well, that's been around for some years. What exactly is "protected minority" status? Oh, and just so everyone remembers, not just gay people have AIDS.

[akflightmedic]

Sorry my brother, I have spent hours and hoours on this subject.

Go to the official website and look up "covered entities".

Basic premise is if you DO NOT BILL FOR SERVICES RENDERED, HIPAA does not apply as the law was specifically created for insurance purpposes...one does not bill, one does not deal with insurance.

[akflightmedic]

Here is the direct link and it has simple questions that you answer yes or no to and it takes you through a flow chart to determine if you are a covered entity or not.

http://www.cms.hhs.gov/apps/hipaa2decision...ort/default.asp

[Asysin2leads]

You know, when I read the text referring to the creation of HIPPA, part of it was to allow patients to have control over their medical information. I'm really having a hard time understanding why HIPPA doesn't protect those that are not billed. I'm going to have to do some more research on this one.

[akflightmedic]

Its HIPAA...NOT HIPPA lol

sorry pet peeve

Health Insurance Portability and Accountability Act

H I P A A

[JPINFV]

You know, when I read the text referring to the creation of HIPPA, part of it was to allow patients to have control over their medical information. I'm really having a hard time understanding why HIPPA doesn't protect those that are not billed. I'm going to have to do some more research on this one.

Simple, the federal government is very limited at what it can officially do. Most federal "laws" operate under the interstate commerce clause of the constitution [federal government can regulate trade between the states] or by using the "power of the purse." A non-medical example of the "power of the purse" would be the drinking age. Why is 21 the age to drink at in the US through out the nation? Because the federal government will withhold highway funds otherwise.

How is HIPAA enforced? Simple, if you don't comply then you get fined. If you refuse to pay your fines then you don't get medicare/medicade payments. Lose medicare payments, you go out of business (example: King Drew Medical Center in LA finally lost its JACHO cert causing it to lose medicare payments, causing it to lose about half of it's operating budget, causing it to drastically downsize and be taken over by Harbor-UCLA medical center). Complying and paying fines is worth receiving medicare funding.

If you don't believe that the federal government is very limited, then take a look at some of the laws that have been struck down as being "unconstitutional." A perfect example would be a federal law banning guns on school grounds (unconstitutional because the government can't regulate what pupils can bring on campus, not because of the second amendment).

[primemedic01]

Its HIPAA...NOT HIPPA lol

sorry pet peeve

Health Insurance Portability and Accountability Act

H I P A A

Haha, yeah that aggravates the hell out of me as well.

Also, here's some more info. Refer to pages 3-4.

CMS - HIPAA

[Dustdevil]

Who the Hell is/was King Drew? :?

Is he related to Rodney King?

[JPINFV]

King/Drew= Martin Luther King, Jr./Charles R. Drew Medical Center (The latter half comes from the attached medical school).

King/Drew is possible the worst, and if not it's near the top of the list, hospital in the country. The LA Times did a 5 part series n 2004 after the hospital was cited by JACHO for serious lapses. Due to numerous violations, the hospital was put on a provisional certification with JACHO visiting numerous times. The hospital failed a final "make or break' inspection and lost JACHO certification (they needed to get a perfect score, but failed in 9 categories). This put the residency programs in deep trouble and forced CMMS to withhold funding. Losing medicare/medicade [techinally Medi-Cal] funding costed the hospital about $200 million dollars [i failed to mention, the hospital is between two lovely areas known as Compton and Watts. This is kinda of your high cost-low pay customer base], about half of its funding, basically forcing the hospital to close. My limited understanding is that the hospital is firing everyone and forcing them to reapply for their jobs. Oh, and the hospital is going from 252 beds to 42 and management is being turned over to Harbor-UCLA medical center.

Link to the LA Times article.

http://www.latimes.com/news/local/la-kingd...51.storygallery