Transmitting Patient Information-A HIPPA Violation?

[Guest alsfirefighter]

(Topic spun off from the "Too many people on the air" thread 6/2/04 1359hrs by ModeratorRobot)

Information given in the process of relay of medical information to a provider is not a hipaa violation. It is protected under a stipulaton that allows for information to be given that is pertinent between providers in the process of patient care. This is so different providers can pass on info without worrying about lawsuits, and/or violations. PD is also included in this stipulation when a possible crime was or is being committed and so they have info for notification purposes. JEMS either last month or in March or April had a very good article that discussed several different situations that were perceived to be possibly HIPAA problems and they are not.

[N1Medic 69]

Also information given in the process of relay of medical information to a provider is not a hipaa violation.  It is protected under a stipulaton that allows for information to be given that is pertinent between providers in the process of patient care.  This is so different providers can pass on info without worrying about lawsuits, and/or violations.  PD is also included in this stipulation when a possible crime was or is being committed and so they have info for notification purposes.  JEMS either last month or in March or April had a very good article that discussed several different situations that were perceived to be possibly HIPAA problems and they are not.

Actually, it depends on the information given out. I don't think you can give a patients name along with their medical condition or history out over the air, can you?

[Guest alsfirefighter]

I'm almost positive that in the JEMS article it does say that it is acceptable. I will have to see tomorrow when I get home if I can find the issue still. Depends on how itchy my wife's disgust with my magazine rack got over the past couple months. lol. There were several clarifications given because there was and still is so much confusion over HIPAA that it was getting crazy. It also depends on what type of agency you are. HIPAA does not apply to most first response agencies, and is point specific to those whom can bill. The big question I'd still like to know is if 3rd party billing makes you have to comply or only our billing agency? It was also clarified that those sheets many agencies had people sign were not needed. If you cannot find an address and the name would be crucial, do you think that limiting be able to blurt it out over the radio should be restricted? Millions of names are poured out over PD freq's every year including when major crimes are committed, MVA's etc. I will get back with info on this as soon as I can.

[WAS967 97]

I believe that is true. Gone are the days when dispatchers shold be saying "Respond to the Jones residence, 252 Bedord Road for a rectal bleed" I'm a bit behind on my JEMS issues, I'll have to catch up and find the article.

[Guest alsfirefighter]

Oh, I'm definately with you bro. I don't want the name either. Mostly in rural areas does it help or small places where you know everyone. I cringe when hear someone asking for the name. When I work in Dutchess it sometimes comes in handy with some of the trailer parks up there when lot numbers are complicated. Dutchess 911 will often still give the name.

[mikeinet 37]

up where I run EMS, no names or anything that can identify a person is said over the radio... not even of crew members. If for some reason you need to give something name related over their air its strictly initals and nothing more.

There's no reason for names to be given across the air... for othe point given in WAS967's post.

That's why text pagers are good

[BFD1054 1,552]

alsfirefighter: after i read your post, i looked through my EMT book. Since it is the newest edition (10th), i figured there may be some good info on HIPPA. In the Brady 10th Edition Emergency Care book, in regards to the Health Insurance Portability and Accountability Act (HIPPA), it states that: - "You will discuss patient-specific information only with those whom it is medically necessary to do so." There are also other rules listed as far as agency privacy policies and such. From what we were taught, it is pretty much just using your common sense as other network members have talked about. The patients name should never be broadcasted, especially with that patients condition. You really want to refrain from saying over the air things like "we are en-route to your facility with John Smith, a 50-year-old male whos chief complaint is a rectal bleed...." As most of us know, when you "key-up" a hospital, lights flash and things beep, so that the ER staff can actually know when a bus is en-route. The volume on the radio is usually really loud, so now, when you come in, everyone knows that your're the rig with the rectal bleed or whatever. Thats just common sense and stuff you want to stay away from. ALS: i know you are a Paramedic, but i hope that maybe, just maybe, my little bit of info helped some. Like i said, we were told not to use names and to just use common sense when transmitting information. The doctors and nurses at the ER really only need to know vital information, so if it is not vital, you could always tell them when you get there.

[Guest alsfirefighter]

BFD: Good info look up. I'm also aware of what that book says. You stated almost what all is in the Jems book. If you need the name in order to find the location of the call, it is permitted being its necessary in order to find the address.

Additionally on a side note, again Hipaa doesn't apply to first response agencies.

[BFD1054 1,552]

Thanks Tommy. I'm not a big fan of using names over the radio, but in the case of getting an address, as you stated, it may be necessary. However, in the case of transmitting a patients name along with thier symptoms, i believe that should be avoided at all costs. Its funny how other members have touched upon using names over the radio in small communities. I can remember a time when small communities, such as Verplanck, would request a residents last name so that they could find the house. Again, i see no problem with that, since in those cases everyone knows everyone, and hearing the name may mean getting a rig there quicker. Thanks for the note regarding first responder agencies, i actually never thought of that. I guess this is because HIPPA really only concerns agencies that have a billing process?