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EMS & HIPAA Laws

1.7K views 20 replies 18 participants last post by  mandidawn  
#1 ·
Recently, after a long thought, I re-entered the world of EMS. I return to school in August to be recertified as an EMT-B. One of the things that has changed since I was last an EMT 15 years ago was the seriousness of HIPAA laws. The point was made clear to all of us new members that even if "your momma asks about the neighbor who you answered an ambulance call at", you do NOT discuss it due to those privacy laws.

Today, we answered a call at the home of a young person I know very well. After all was said and done, in the process of returning home, a non member tried to ask about the patient. I cut 'em off at the pass and said "No can do, don't even ask!". They got all huffy and bent outta shape!

Do some people not realize how important HIPAA is, and how they would expect the same treatment if they had been my patient???
 
#2 ·
Quite often non medical folks don't know much about HIPAA or even that it is verboten now to discuss anything.
The only reason I know is that I had to be HIPAA certified at my old job.
That person probably just thought you were being closemouthed for no good reason.
 
#3 ·
ruby_jane, as a nurse, I know full well how important maintaining privacy is. People can get pretty stupid when they can't get the information they want.

Last Saturday, a horse and I had a meeting of the minds or heads, not sure which. Anyway, ems was called and I knew pretty much everyone, they took me to the hospital that I work at and before I knew it my phone was ringing. It was coworkers! Just checking to see what happened, being nosey. I was shocked. People can really be stupid.

Good luck with your EMS endevors! The world needs you. Carla
 
#5 ·
I'm an EMTP and a supervisor to boot, and have been on the receiving end of those questions. A pleasant smile and, "Sorry, I can't discuss it" is enough usually. The worst is when you drag the family member out in cardiac arrest and the family is like, "he's dead, isn't he" (not a HIPPA thing, just a sad thing!) and the best response I can give is, "We'll do all we can." Crazy world you decided to re-join, but welcome back!!
 
#6 ·
I had a reverse HIPAA kind of thing happen recently. I took over a difficult patient at work. At the time, I didn't recognize the name. He made pleasant conversation, steering it towards how long I have been a nurse, where I was from etc. Conversation eventually led to what my husband did for work, since he was the reason we had moved to this city. After telling him what my husband did, he asked, where he worked. I told him. He then told me that he was the owner of that company... I felt extremely awkward at that moment, esp since I finally recognised the name. I felt it really wasn't in my best interest to take care of this patient, however, at the time, I was the only one with the neccessary skills to take care of him for several hours. I called my husband to see if he thought it would be a problem... he didn't care. I asked the patient if he thought it too awkward if I remained his nurse, he didn't have a problem. Apparently, it was MY problem, LOL. I remained his nurse for the rest of the shift. However, I was very apprehensive, especially when the patient whipped out his blackberry and read me verbatum what the president of that complany thought of my husband. In fact, before I even left the hospital that morning, my husband texted me that people from all over the company were popping into his office that morning asking him if he knew who 'X's' nurse was that night... it was nerve-wracking and embarassing.
 
#7 ·
DH is a nurse on a cardiac floor. He had open heart surgery last year at a sister hospital. When I called the day after surgery to let the supervisor and co workers know how he was doing they just laughed at me. Seems the supervisor had gone up to the surgeon and asked for an update, and he gave her one. :( Just laughed and said that she guessed HIPPA didn't really apply in this situation.
 
#8 ·
While I know what HIPAA is and the "why" it came into play it has been used to the extreme in several circumstances in some of my friends and in my own life. HIPAA basically caused the death of a very good friends family member because the doctor would only speak to the person who "represented" herself as the wife and left out vital information. Sorry, but I personally think hipaa needs to be redone and taken away from the lawyers. What started out as a way to protect your privacy from insurance companies and lawyers has turned into a nightmare for some families.
 
#9 ·
Will you be a volunteer or will it be a part time or full time job?

Good luck in your training.

Rose
Thank you :)

Ah, it will be both...I will stay with my local EMS as a volley since they are paying for my schooling but once I am certified, I have an open ended offer for full time paid employment once I take (and pass) my test in December.
 
#11 ·
Perhaps you could explain WHY you can't answer and how you wish you could? Most reasonable people would understand that.
And this reasonable person was a health care professional as well--their response to my "No can do" was a "Oh, don't give me that HIPAA :censored: !" Sigh...
 
#12 ·
While I know what HIPAA is and the "why" it came into play it has been used to the extreme in several circumstances in some of my friends and in my own life. HIPAA basically caused the death of a very good friends family member because the doctor would only speak to the person who "represented" herself as the wife and left out vital information. Sorry, but I personally think hipaa needs to be redone and taken away from the lawyers. What started out as a way to protect your privacy from insurance companies and lawyers has turned into a nightmare for some families.
Most of the problems are caused by people not understanding the law. For example, your primary doctor does not have to have your signature to send records to your current specialist. Oftentimes, though, they won't release information without that signature. That can cause unnecessary delays to your care.

It sounds like your friend had a problem that was more related to the lack of a healthcare power of attorney. We should all have one of these. In fact, because of my current health problems my PCP gave me a blank copy of a health care power of attorney. I'm only 46 (in a few days anyway).
 
#13 ·
I'm way too aware of HIPPA, my family owned and operated a retirement community for many years, and HIPPA came in prior to selling it. The nureses, doctors, accountants...speak of nothing personal. But, we didn't have too. The residents laid it all out to each other over coffee, lunch or the hairdresser. Yes, I can see the necessity of such regulation of private info.
BUT, as the youngest child of my family, with my grandfather dying, my father having many medical issues (as well as 2 of my brothers), and all being quite proud of "remember me as you know me, not of my weakness" attitudes, it rubs me the wrong way that I can not find out what is possibly in store for me genetically.
All rules have a place, but HIPPA, in my opinion, is a bit over the top.
Sorry, I deleted what I had typed as it is personal info that doesn't belong here.
I am just concerned that I can't go to my family doc and see what may be in stor for me down the road...Oh well.
Matt
 
#14 · (Edited)
And this reasonable person was a health care professional as well--their response to my "No can do" was a "Oh, don't give me that HIPAA :censored: !" Sigh...
I did fire/rescue work long before HIPAA, but I never discussed medical care I provided with anyone. It just wasn't done.

I remember a case where a lawyer stopped by the firehouse and demanded to know some specifics about an incident that I responded to. I said I couldn't discuss it, but he got upset and said if I didn't cooperate with him he would be back with a subpoena. I said, "OK fine, then come back with a subpoena." He never came back.
 
#15 ·
Maybe you all need cards printed with these laws stating that you can't discuss the case with them. Might save a lot of time and hard feelings. A friend had a wreck near the house and was air lifted out. All I could find out was, he was alive when we put him on the heli. These laws are in place for good reasons. Way back when I was on the vfd and squad I have seen people completly lose it and have to be treated on the scene after finding out how bad someone was hurt. Sam
 
#16 ·
All rules have a place, but HIPPA, in my opinion, is a bit over the top.
Agree! It's frustrating as a parent with kids over 18, who are covered under my insurance, that I can't talk to their doctors without my kids giving formal, documented consent. If there's a problem with an insurance claim, again, I need their documented consent before MY insurance company will talk to me about the claim.
 
#17 ·
HIPAA is an abomination.

Much of healthcare is information flow. While I understand the need for privacy, the pendulum has swung a bit too far in the latest incarnation of the law. I personally know of a nurse who was fired for asking her first cousin how the cousin's mother was doing.

The nurse had treated her aunt in the ED. The aunt had not told her children she had cancer.

Aunt complained, nurse was fired.
 
#18 ·
BUT, as the youngest child of my family, with my grandfather dying, my father having many medical issues (as well as 2 of my brothers), and all being quite proud of "remember me as you know me, not of my weakness" attitudes, it rubs me the wrong way that I can not find out what is possibly in store for me genetically.
I am just concerned that I can't go to my family doc and see what may be in stor for me down the road...Oh well.
Matt
All you would have to do is have your grandfather and father's doctors send a copy of their files regarding the genetic issues to YOUR family doctor! They will have to sign a form stating that it is ok to release these files and/or verbal information, but it is really simple!

My doctor has my Mother's information regarding her breast cancer, all she had to do was sign a form.

Emmy
 
#19 · (Edited)
Does HIPPA not apply to workers compensation claims? The company Safety Administrator sits in the cubicle next to me and is on the phone daily to the local hospital or clinic getting all kinds of information from them on people who have been in there for workers comp related incidents. They rattle off all kinds of info to the Safety Administrator who then relays said information to the head of HR and others.

Sorry for the thread drift, that was rude of me. Congratulations to you from a former seven year EMT.
 
#20 ·
Does HIPPA not apply to workers compensation claims? The company Safety Administrator sits in the cubicle next to me and is on the phone daily to the local hospital or clinic getting all kinds of information from them on people who have been in there for workers comp related incidents. They rattle off all kinds of info to the Safety Administrator who then relays said information to the head of HR and others.

Sorry for the thread drift, that was rude of me. Congratulations to you from a former seven year EMT.

Sadly workers comp is a whole different ball game.

Before HIPPA, I was in the hospital near the end of my labor when a woman I knew but didn't care for showed up. Seemed she had called the labor floor and told them she was my sister and they told her everything that was going on with me.
 
#21 ·
Agree! It's frustrating as a parent with kids over 18, who are covered under my insurance, that I can't talk to their doctors without my kids giving formal, documented consent. If there's a problem with an insurance claim, again, I need their documented consent before MY insurance company will talk to me about the claim.
See, to me it's frustrating that my mother (a nurse) still gets ALL information about me. (I'm 30 been off her ins for YEARS) She asks, they tell. After I had a procedure/surgery the dr told her all the information, but not me. When I finally went back for my checkup a few weeks later, he told me about what he had found. Dont' match up to what my mom says, but she insists I'm wrong. This was the bane of my childhood, not trusting doctors because they tell her everything anyway. I think HIPPA is not followed to closely in some parts of the world.