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HIPAA - need a quick check on HIPAA rules - anita8jp

Posted: Oct 29, 2009

Hi, I need a quick check on HIPAA rules. With respect to the health care debate, I want to write to my senator, etc., about a situation with a patient I transcribed on. The only info. I intend to give is that the patient was a: Russian immigrant, on welfare and receiving Medicaid benefits--when he should not have. He and his "sponsor(s)" was responsible for his care and living expenses. Further, I transcribed a note in which the doctor said that this patient wanted to re-schedule his surgery because the current date would "interfere with his [the patient's] tennis practice". I won't say the name of the facility. much less the doctor. Is this legal?

My guess would be no, as it's health information. - Fuller

[ In Reply To ..]
If the name of the patient, DOB or any other identifying details are included, it would be a HIPAA violation.

No. LOL You're not entitled to use that information - at all. Only transcribe it and forget it.

[ In Reply To ..]
nm

Nicely said : ) - elaine

[ In Reply To ..]
.

Mmm. I think that's unethical...sm - elaine

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Certainly, you can make your point to your senator without having to discuss this individual.

It doesn't really matter that he is a Russian immigrant, does it?
Do you know he isn't entitled to the benefits he is receiving?
Immigrant doesn't mean illegal, after all.

Be careful about judging the people you are privileged and entrusted to hear about.

Tell you how far I got with trying to inform regarding gov - Lynn

[ In Reply To ..]
Years ago had grandchildren living with me, lived with me about 2 or 3 years, provided everything, no support from any one else for them. Their mother's boyfriend tried to claim all on his income taxes for the years they lived with me. Before they came to live with me their mother was on welfare and got food stamps plus section 8 for them. He claimed them then and tried to claim when I had them. I called Medicaid, food stamps, etc and do you think for 1 minute anything came of that? Better think again. I had names and social security numbers, addresses, everything.

Hats off to you honey - Fuller

[ In Reply To ..]
for being such an awesome grandmother to those kids, they are lucky to have you. It's sad this day and age the government doesn't care if they are fleecing honest people like you and me while giving dishonest ones a free pass.

Not at all! - dsauverwald

[ In Reply To ..]
I agree with what was said above, about transcribing it and forgetting it. Weather or not you agree or disagree with anything you read in a transcription, you have no right to report anything to your senator, even if something illegal is going on. It is none of your business and it is the discretion of the actual physician to report anything. You merely are transcribing a report, not being a police official.

Well I was mainly saying "hats off" to - Fuller

[ In Reply To ..]
this MT for helping raise her grandchildren with little or no help. But I agree with the other post, per HIPAA regulations, reporting that would be violating privacy laws.

When you are contacted by the IRS as I was - Lynn

[ In Reply To ..]
telling me that I had claimed children someone else had and could I check my records, that is when I contacted them. I in no way was in the wrong because of total care for the children. Someone else running a game on them. I had no idea and up until that time had never contacted the gov about the kids. I had all their information as my husband (their grandfather) had them through the courts. Mine was on the up and up, the other persons was not.

You misunderstood me, I was just saying that - Fuller

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you sound like a very good person for helping care for your grandchildren.

Not a good idea - gourdpainter

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To pass any information on to anyone regarding a particular case you have transcribed but there is certainly no problem with writing your senator, representative AND the president and expressing your objection to generic illegal persons receiving free health care, food stamps, etc.

NO. First of all the patient is rescheduling the - KD

[ In Reply To ..]
the surgery not the doctor, because the patient doesn't want to miss his tennis pracice. How in the world is that a violation???? Violations for them are concerning confidentiality, security, etc. Not the treatment itself. Get back to typing and quit worrying about what the record says.

I agree with you - alamt

[ In Reply To ..]
I think she is looking at the bigger picture. There is the possibility that he is on medicaid and receiving welfare because he claims he cannot work but he is able to play tennis, which is a very physical game. Also, it sounds like if he needed the surgery so bad, he wouldn't be willing to put it off to practice tennis. I do agree, however, that we don't know everyone's situation and shouldn't judge and shouldn't report something unless we know the whole truthful story. But, I could see why she would think to report him, as there are a lot of people abusing the system this way and it is just one of the reasons our healthcare system is in the mess that it's in.

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