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HIPPA violation? - HIPPA

Posted: Dec 22, 2009

I guess its not really something new, but as I was visiting a friend in the hospital yesterday a doc was sitting at the nurse's station just dictating away. I clearly heard patient's name and identifying info and her entire medical history while standing outside the room waiting for nurse's to finish with my friend.

HIPPA - dsauverwald

[ In Reply To ..]
Although I agree that dictation should be done in a private room away from listening ears, this is not considered a HIPPA violation. I researched this and apparently it is only considered a HIPPA violation if the information is misused once it is a completed document and transferred electronically. Overhearing a physician dictating is not a violation, although I wish they wouldn't do that.

HIPPA - HIPPA

[ In Reply To ..]
Then why does my company say that I have to have my work station where no one can look over my shoulder and see what I am typing, etc..

I took the HIPPA training and passed the test, so I guess I am not in violation --- LOL

HIPAA - jaytee

[ In Reply To ..]
According to when I worked in-house, this is a HIPAA violation, although it seems to be done very often everywhere (including where I am even though they DO have a private place to dictate). I am sure that when HITECH hits the ground in Feb, this will change after a few lawsuits.

HIPPA - dsauverwald

[ In Reply To ..]
As transcriptionists, we do have to have our work station set up where noone can see our work because we are performing transcription electronically!!! Once our work is typed into a word document it would be considered a violation if someone saw that work. By hearing someone say information is not a violation, although I do not agree with that. And I do agree, these rules will more than likely change in the new year as there has been huge controversy regarding this topic.

Interesting. I was informed my home screen could not be visible - MissIndigo

[ In Reply To ..]
to others while a document is in process, complete or incomplete. Interesting to hear the way it is in facilities so far.

Home Screen - dsauverwald

[ In Reply To ..]
You are right, your home screen cannot be visible. I have worked in several facilities and in-house transcription does not follow HIPPA, they have their own confidentiality policies to follow. Some facilities do follow HIPPA, but very few I do believe as they make their own policies regarding confidentiality.

Thanks, guys. I had no idea and had just assumed it was always the same. NM - MissIndigo

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x

I have questions - Lynn

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Who is going to be responsible for going to all the homes of all transcriptions and checking to see where we have our computer set up? Now really.

No one, of course. It's our responsibility. We're up to it. NM - MissIndigo

[ In Reply To ..]
x

I had that happen once too, when I was in the - med. clinic for a physical. -sm

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Not only did I hear everything, but it was a person I knew - actually a long-time bitter enemy! The information not only was health-related, but big psychiatric problems as well (but of course, I already knew that, having dealt with her before - LOL!) Still, if I were not an MT, with higher standards and a knowledge of HIPAA, this info could've been spread far and wide and used against her.

People who dictate reports out in the open like that not only make it harder for us to hear what they're saying because of background noise, they also make it easier for half the medical facility to hear them. They should dictate IN PRIVATE, behind CLOSED DOORS!

Not to mention, the difficult ESL who is dictating - QUIETLY in the middle of a noisy corridor!

[ In Reply To ..]
Nobody could possibly hear what she is saying. Including me.

When you go to the doctor - you should

[ In Reply To ..]
be given a copy of the HIPPA rules. In there it tells you that other patients may overhear details about you in the office setting. Most offices require you to read this and sign it at least once a year.

Therefore, it is not a HIPPA violation.

Ive not only never seen or signed anything - like that, but my exams have

[ In Reply To ..]
always been in a small, private room. I can't hear what's being said in adjacent rooms, either. But when you're sitting in there with the door open, waiting, or standing in the hallway at the nurses' station waiting for them to give you a referral slip or Rx slip, then yeah - you can hear the doctors dictating in the dictation cubicle in that same hallway. It has a door, but they rarely seem to close it like they should.

Husband has a desk in the room with me and get this - Lynn

[ In Reply To ..]
He asks me to accompany him to the doctor because with him sitting face to face, he has no idea basically what is being said. Oh, yeh, well he sure would be a danger if he saw something on my screen, would not have the first clue.

LOL. Mine's flat not interested. It looks like work--speedy turnoff for my retired fisherman.NM - MissIndigo

[ In Reply To ..]
Merry Christmas!

No doubt most MTs family/friends find it boring - and uninteresting

[ In Reply To ..]
I think its overkill to insist home based MTs use the same privacy standards as a public hospital. We're usually typing stuff from halfway across the country, so why should anybody in our house be the slightest bit interested in the medical reports of a bunch of strangers they'll never meet? Heck, I have a hard enought time staying awake to type it. Anybody not getting paid to pay attention to it could certainly find more fun things to do, and are unlikely to even understand every 3rd word - in the case of ESL's, not a SINGLE word.

Its HIPAA! - IAMT

[ In Reply To ..]
nm

LOL - dsauverwald

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OMG - you are so right lol it is HIPAA!!!

This is an "incidental disclosure" under the Privacy Rule. - Tech Support

[ In Reply To ..]
The PR requires covered entities to take "reasonable measures" to prevent/limit incidental disclosures of which it is or should be aware.

The Security Rule also comes into play with respect to physical security measures (e.g., providing a place for dictation that is more private, implementing policies about dictating in public earshot, etc.).

Although the HITECH provisions of ARRA (passed in 2009) implement somewhat stricter privacy requirements, there is an exception for incidental disclosures where the unauthorized party "is not believed to retain the information"...which some legal beagles have interpreted to mean the sort of oral disclosure that the OP describes here.

The bottom line, though, is that a disclosure like this one is both reasonably foreseeable and preventable, and should be addressed. The facility might be very grateful if the OP would let them know about the incident and how it occurred.

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