Are non-healthcare providers bound by HIPAA?

[grownuprosie]

I have a friend from high school that is a caregiver to a mentally handicapped adult. She is not a healthcare provider. Basically, she is a sitter when the parents are away or at work. She is constantly posting on FB about "funny" things that her client does. It just seems weird to me. I don't think this is technically a HIPAA violation, but certainly a breach of ethics? Should I say something? How can I put it delicately, if i should say something?

Thanks for the input!

[nurseprnRN, BSN, RN]

they aren't, because hipaa applies to entities that are in the primary business of providing or paying for health care (and their employees with access to phi). so a vna would be a covered entity, and a home health aide or homemaker employed by the vna would be subject to hipaa constraints.

your friend isn't one of those, but she is using very poor judgment. the parents or guardian of the person she's watching should be notified.

[kabfighter]

If I remember correctly, when I worked at a grocery store I was given a crash course on HIPPA. We were essentially told to keeps our mouths shut about who purchases what for pharmaceuticals.

[nurseprnRN, BSN, RN]

if your grocery store included a pharmacy and you could see who was getting precription medications there, that would be appropriate. this is because hipaa applies to entities that are in the primary business of providing or paying for health care-- for example, hospitals, medical offices, pharmacies, and insurance carriers who meet that description. it would be a violation if you took what is called "private health information" (phi) you picked up from your pharmacy and spread it around where it had no business being.

if you're just talking about who's buying the hemorrhoid cream and the condoms out in the health products aisle of the grocery store, you're being told to be discreet and well-mannered as a marketing measure, and hipaa has nothing whatesoever to do with it. hope that helps.