Re: Be Careful - You May Be Violating HIPAA

Re: Be Careful - You May Be Violating HIPAA

Justin Foster

4/23/2003

This is ridiculous... you can discuss all the PHI you want, except the
parts that are readily identifiable to a particular person (e.g. SSN, names,
address, phone# etc.) The spirit of HIPPA is not to prevent people from
discussing the appropriate Tx of a patient!!! Just consider each case you
wish to discuss over the list-serv a hypothetical situation, and don't use
any names or other identifiers. (no one does anyway)

Shame on AOPA for creating fear in those who wish to share ideas on the list
and other means of e-communication. The need for HIPPA compliance is
recognized, but let's have it be for the right reasons... people will still
want to go to the seminar without being frightened into signing up!

Justin Foster
Prosthetic Resident

>From: Brett Saunders < <Email Address Redacted> >
>Reply-To: Brett Saunders < <Email Address Redacted> >
>To: <Email Address Redacted>
>Subject: Re: [OANDP-L] Be Careful - You May Be Violating HIPAA
>Date: Wed, 23 Apr 2003 15:00:31 -0400
>
>While AOPA'a email below may have been designed to scare or motivate some
>people into attending a HIPAA seminar, it does raise an issue. Can you
>discuss a patient's treatment with another practitioner to gain another
>perspective to provide the best care possible for that patient without a
>specific authorization? It is my understanding that you can and still be
>compliant. If this is the case, what is the difference between that and
>the
>AOPA example?
>
>Brett R. Saunders, CPO, FAAOP, LPO(FL)
>
>-----Original Message-----
>From: Orthotics and Prosthetics List [mailto:<Email Address Redacted>]On
>Behalf Of AOPA
>Sent: Wednesday, April 23, 2003 11:13 AM
>To: <Email Address Redacted>
>Subject: [OANDP-L] Be Careful - You May Be Violating HIPAA
>
>
>Patient is a 2 year old child with a disorder that causes her limbs to
>be 3 times the size of a normal child. Obesity is not the case but she
>requires custom compression hose and custom molded shoes. Her primary
>insurance does not cover shoes and her secondary insurance is
>Medicaid...
>
>Do you know that listserv e-mails like the sample, above, may be
>violating HIPAA regulations? E-mails that include protected health
>information about a patient and might be seen by those who are not
>health care providers require a patient's authorization. If you are a
>covered entity under HIPAA, you should be aware that using your
>patient's protected health information for anything other than
>treatment, payment or healthcare operations requires your patient's
>authorization.
>
>[Remainder of AOPA Email Edited]
>
>