Privacy Laws

[RXMedic579]

I see alot of EMS forums with people arguing whether or not "discussing" EMS calls violates HIPAA even though no identifiers such as (Name, SSN, Address .etc ) were used. By "discussing", I mean talking about what you were dispatched for, patients injuries, treatment you provided .etc. What are your opinions on this ? Do you feel HIPAA was not explained as well in training as it should have been ?

 

[Clipper1]

HIPAA is over used and very misunderstood. Usually it is not HIPAA which applies. So no, HIPAA is not explained very well and there may not be yearly updates for the training either in some EMS agencies.

You need to check your state and local privacy laws as well as your company's policy. Sometimes "Public Safety" is exempt from those which cover medical professionals. This then allows for EMS, Police and Fire to give details to the press if there is no company policy against it.

On EMT websites such as this there are many ways to identify you even though it is supposed to be anonymous. Some people post links to the news article they are discussing. Some have posted their own photo and company ambulance as an identifier. It is a no brainer especially in small communities to know who you are discussing. This is a public forum. When discussing details which might involve criminal or legal actions, it is not wise to discuss the case openly on a public forum. If you talk about your patients, especially to make fun of them, right after a call and have your photo and where you work somewhere on this website, not good for either you or your company. If your company is used for transport for a flight or CCT crew, and you discuss their patients, you and your company can expect some fall out and a possible loss of that contract. Hospitals also expect you not to transport and tell all about their patient's medical history if you have any identifiers of yourself or your company posted. They will have an expectation that you keep their patient's medical details private. This could even mean keeping your mouth shut around co-workers who were not on the call but might have a tendency to say all over town "I heard all about it and this is what REALLY happened" from Joe EMT.

Now if you can discuss something without saying "a call I had last night at the high school involving the quarterback" then you might be okay. When you start linking the article and your company to make it more personal, then you might have a problem.

 

[Aprz]

H-i-p-p-a

I think most people get the gist of it, but they are so overly cautious with it that it sometimes even impedes patient care. I've had more than a handful of times where a facility has requested transport for a patient, but will refuse to give me important paperwork and information because "it's a HIPPA violation". I've also been told it's a HIPPA violation to give a ring down using my personal cell phone instead of the cell phone provided by my company, and it's a HIPPA violation to input the patient's name, age, gender, and age group into our ECG monitors (even if doing a 12-lead). On my first ride along, we responded to a clinic, and the clinic gave the paramedic a difficult time about HIPPA almost refusing to give more than what was given to the 911 dispatcher (address and complaint).

JPINFV posted a link to a summary awhile ago, and I think it should be required reading. I don't think the one powerpoint slide, a paragraph in a textbook, and several war stories about somebody ending their career by accidentally violating HIPPA is enough.

Protected Health Information (PHI) sounds cooler than identifiers. Also it's so gray and dynamic that you could say somebody's full name, which would identify them, in a full clinic without getting in trouble.

4920696e74656e74696f6e616c6c79206d69737370656c6c65642048495041412e​

 

[Clipper1]

H-i-p-a-a

Health Insurance Portability and Accountability Act

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/

Link posted to show the correct abbreviation.

 

[NomadicMedic]

While HIPAA is often misunderstood and misquoted, it's worth noting that many departments have their own SOPs and guidelines regarding what you may and may not discuss, information that needs to be recorded, policies on shredding, policies on cell phone and photographic records… If you work for an EMS agency and have questions about privacy and information sharing, it's best to talk to someone in the know, rather then attempting to gather confusing information from a website that may not have any relation to your specific department's policies.

And yes, HIPAA has not been covered well in any EMT or paramedic class I've seen. Usually, instructors just say, "you can't say anything, about anyone... ever!" And that's just wrong.

 

[Aprz]

I don't think we need to know all the ins and outs of it, but I think people should at least read the same link Clipper1 and I posted. Clearly what's covered right now is not enough.

Clipper1, the misspelling was intentional. I posted the same link too.