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Question about HIPAA violations in reports - none
Posted: Jan 25, 2013
I was accessing back reports already typed for med list and noticed that someone had typed the patient's sister's name in the report. Isn't that a HIPAA violation? I never put relative names in reports so just wondered. I thought doing the training I remember that was a no no.
that's not a HIPAA violation - nm
[ In Reply To ..]
I thought any patient identifiers were violations - none
[ In Reply To ..]Anyone know for sure?
not to my knowledge - sm
[ In Reply To ..]whatever you are citing, it is not a HIPAA rule.
I believe it is a HIPAA violation. - Tired MT
[ In Reply To ..]nm
It is account specific, I have an acct.... - none
[ In Reply To ..]who prefers the patient's name and any/all information included in their reports.
The "golden rule" applies. - he who has the gold
[ In Reply To ..]makes the rules. Whatever the client wants, that is what the client gets.
The account I work the most on, we are not to type the patient's name, but we ARE allowed to type the relative's name, if dictated.
On one of my secondary accounts, we are to type out the patient's actual name in the body of the report, if it is dictated.
It would be a HIPAA violation if you were saving a report to your own computer to use as a sample, and it had any kind of patient-identifying information on it.
I don't think it is up to the client. HIPAA is dictated by the client's wishes - none
[ In Reply To ..]HIPAA is a federal law. It has nothing to do with the client's wishes.
Yes but ... - anon
[ In Reply To ..]The point is there is nothing in the law regarding patient's names or relatives' name in a document. After all, the patient's name is on the report in the header or some other place. How else do you know which patient's medical chart you are reading?
Not a HIPAA violation...SM - Old Anon
[ In Reply To ..]You are not disclosing a patient's private health information to anybody by including a relative's name in the report.
Does it vary by state? - none
[ In Reply To ..]Just wondered if some states have stricter laws than others.
no. HIPAA does not vary by state. - nm
[ In Reply To ..]
Exactly. That is the HIPAA test. - nm
[ In Reply To ..]
Depends on how relative is mentioned - mt
[ In Reply To ..]I think it's in context:
"Pt's sister, Jane, was present in the room (or is canning jam or drives a '92 Buick or whatever)." Not a violation.
"Pt's sister, Jane, is also a pt of mine (or yours or Dr. Smith's)." HIPAA violation.
That being said - I've had clients who want violations like that flagged (most frequently pt's husband/parent/child is also a pt of dr.), but other clients don't want that flagged. I figure HIPAA buck stops with client, as long as I'm not doing anything other than as instructed to by client.
totally incorrect - unbelievable
[ In Reply To ..]there is nothing wrong with a physician saying "her sister, Jane, is also a patient of mine". What on earth makes you think that is a violation of protected health information? The note that includes the info about Jane is ALSO protected health information. If what you said were true, we wouldn't be allowed to take a family history, for goodness sake. You guys really need to look this stuff up.
Thanks so much for positive feedback - MT
[ In Reply To ..]Really - so helpful.
Though I should clarify that I do strictly clinic work, letters at that, so in fact if Dr. states that "sister, Jane, is also a pt of mine," that is of course a violation of HIPAA because he has just released the protected health information of Jane to a third party. Jane didn't authorize release of info to her sister's MD. Dr. is not communicating any information relevant to Jane's treatment. He is, however, confirming that Jane is a patient of his, to a physician who has zero interest/right in having access to that information. "Sister is also a patient of mine" is fine - leave the names out.
Can't recall the last time I typed a family history where it read "Father, Bob Jones, had XYZ. Mother, Dora Jones, had ABC. Brother, Fred Jones, had LMN. Sister, Jane Jones Smith, had PQR." But, hey - maybe they do things differently in your world.
Hope you feel better.
HIPAA - noway
[ In Reply To ..]I totally agree with the above. You better read the HIPAA policy Ms totally incorrect unbelievable cuz it seems to me that you don't fully understand it. Stating that "sister jane is a patient of mine" is a violation of HIPAA law. Read up on it on mmodal. Surpising that you didn't get in trouble for a violation if you are typing things incorrectly. You better know what you are typing and not tell other people it is "unbelievable" like you are some sort of expert which it looks like you're not!
HIPAA law. - (read it if you dare)
[ In Reply To ..]"When a covered health care provider, in the course of treating an individual, collects or otherwise obtains an individual’s family medical history, this information becomes part of the individual’s medical record and is treated as “protected health information” about the individual."
Shall we assume this put an end to the argument? - : )
[ In Reply To ..]
that says family medical history - not names nm
[ In Reply To ..]nm
it remains - protected health information (!)
[ In Reply To ..]...this information becomes part of the individual’s medical record and is treated as “protected health information” about the individual.
and thank you for your sarcasm - get well soon!
[ In Reply To ..]
Every account I am on allows relatives names in report, patient name too. - anon
[ In Reply To ..]Don't know if it is a HIPPA violation or not. All I know is the client profile wants it and frankly I don't get paid enough to care.
not a hipaa violation until the document is abused - nm
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