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HIPAA: Watch Out!
November 5, 2008
By Dave Chauvin, DO
A New York City EMT was suspended after sharing a patient medical record with friends as a joke. The FDNY medical technician found the patient’s medical circumstance funny, and stole the medical record from the ambulance, scanned it, and e-mailed it to friends and colleagues. In addition to medical information, the record contained the patient’s name, address, and social security number. (F. Santos, New York Daily News, October 29, 2004).
A famous movie actor crashes his motorcycle and is treated in the ED. Ten hospital employees access his record and attempt to sell the information to tabloids.
A governor’s wife is treated in the hospital; several hospital employees access the records and are reprimanded.
What's Happening Now?
Governor Arnold Schwarzenegger has signed a bill to improve patient privacy laws and address breaks of confidential information that have occurred at health care facilities recently. The state can now enforce fines from $25,000 to $250,000 against health facilities and individuals each time they inappropriately obtain, use, or disclose medical information.
What is PHI (Personal Health Information)?
PHI is information, including demographic data, which relates to:
- The individual’s past, present and future physical or mental health or condition
- The provision of health to the individual
- The past, present or future payments for the provision of health care to the individual
Who is protected?
The Privacy Rule protects all “individually identifiable health information” held or transmitted by a covered entity (this includes you!) or its business associates, in any form or media, whether electronic, paper or oral.
What you should know
Hundreds of hospital employees have been terminated due to inappropriate access of PHI.
Medical records should only be accessed if you are treating the patient or have an administrative reason such as quality assurance or follow up. Be sure all patient records are shredded or properly disposed of after review.
Electronic Medical Records make it easy to access patients’ records. Please know that EMR all have the ability to track WHO is accessing the records.
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