Question of the day:

[Lone Star]

Here's a scenario for any and all interested:

A 42 year old man, (let's call him Joe Champion), is involved in a car wreck, requiring not only medical attention, but fire department involvement. (The jaws of life are needed to cut him from the vehicle). Neither the Law Enforcement Officers, nor the Fire Department personnel are involved in the treatment of the patient. (Law enforcement is there for traffic control and accident investigation, andthe Fire Department is there only to aid in patient extrication. The acutal extrication and treatment of Joe is left for the trained EMS personnel responding.)

As EMS providers in the United States, we are bound by HIPAA regulations to protect the patients right to confidentiality. The healthcare proviers at the hospital level and post hospital levels are also bound by those same regulations.

Now that I have outlined the situation (in very basic terms) , the following questions are submitted for your consideration and response.

1.) If the responding officers and fire department personnel are NOT trained (or certified) as Medical First Responders (or higher), should they be bound by the HIPAA regulations that protect the patients confidentiality?

2.) If the non medically trained personnel ARE held to the HIPAA requirements, should there be a 'statute of limitations? (For example, if they remember the name of Joe Champion 5, 10... years later), should they still be bound by a regulation that does not directly affect their job?

3.) Should HIPAA regulations be enforceable retroactively (For the situations that happened BEFORE becoming a healthcare professional)?

[becksdad]

I do not know if responders to a scene who are not involved medically are bound to the letter of the law as far as HIPAA is concerned, but the spirit of the law certainly applies. Ethically, it is the right thing to do to keep confidential any and all details of the response, especially of any patients. I would have no respect for someone who failed to uphold that mandate.

[Ridryder 911]

Only ones restricted by HIPPA are those that perform electronic billing. Now, everyone is bound by confidelity rules and laws is another thing.

R/r 911

[akflightmedic]

Lone said "As EMS providers in the United States, we are bound by HIPAA regulations to protect the patients right to confidentiality. The healthcare proviers at the hospital level and post hospital levels are also bound by those same regulations. "

Hey Lone, guess you missed my thread on this, it kind of was blended in with another thread. I will find it and post the link.

You are incorrect in that statement. We are not bound by any HIPAA regulations unless we bill for our services and use certain forms of electronic communications. The other thread has all the links so you can go directly to the HIPAA site and read it for yourself.

So to answer you question, legally they can talk all they want. Ethically and morally, no.

[Lone Star]

AK,

I look forward to reading your thread on this one. The main point I was trying to get at was this: EMS providers that actually are involved in the patient care (presumably they are billing for these services) are bound by HIPAA not to breech the patients confidentiality. By 'post hospital levels' I'm referring to the home care nurses, follow up services such as MRI's, etc.

We walk a thin line in keeping the patients confidentiality intact, and still be able to sit around quarters and swap run stories. But if the Firefighters and Law Enforcement Officers (who did not provide patient care, nor bill for such services) are not, then what (in this case) is to protect our unfortunate Joe Champion from the loose tongues of the other services? Just some food for thought.

[akflightmedic]

There is nothing to protect Joe Champion other than professionalism, tact, and sound ethical thinking.