HIPAA and Location App For Home Visits?

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Specializes in RN, CCM.

HIPAA: Can healthcare provider use location app?

I have a question regarding HIPAA and would like some feedback please.  I have not worked in this situation for a several years. 

References of where you found the answer would be fantastic, but not necessary. 

Can a healthcare provider (of any kind...nurse, therapist, PT, OT, ST, etc) use a location app, or another way to provide family a way of knowing where they are for, say a home health visit?   I know it's a HIPAA violation to share a patient name, address, medical information, etc.  A family location app, ex Life360 or a Find My Device app or something else.  Some locations are in sketchy areas or, even if not, the world is crazy these days.  I think it would be a smart idea to have an idea where the healthcare worker is in case they don't show up when expected from a visit   

I know newer vehicles can come equipped with OnStar which I'm assuming would provide that information.  

Ideas are appreciated. 

TIA

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Well, I will take a try at this--interesting question I have not seen before.

I'll comment on what my own understanding/deductions would be, but I look forward to seeing if others agree (or not).

https://www.hipaajournal.com/considered-phi-HIPAA/

There is no health information in your example.

When health information (e.g. HIV, or--as in the example from the link above--"broken leg") is combined with any of the specified identifiers then you have PHI.

A location that your "FindMy"/map/etc. shows that you have visited would not be protected health information because it isn't any kind of health information to begin with.

That is my best understanding.

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My qualm is this:

(Again from the link above, emphasis added)

Quote

The way to explain what is considered PHI under HIPAA is that health information is any information relating a patient´s condition, the past, present, or future provision of healthcare, or payment thereof.

Arguably "past....provision of healthcare" could be assumed from your example; the fact that you were previously at [123 ABC Street, City, State] could be understood to mean that you had provided care at that address.

The only thing that gives me pause is that we have always been taught not to say something like, "I ran into Susie at the hospital today" because that lets an unauthorized person know that Susie was receiving care/treatment. We have always been taught not to do this--perhaps because it is more a violation of many employers' privacy practices and the concept of confidentiality rather than an actual HIPAA violation. "I ran into Susie at the hospital today" does not qualify as PHI according to the above 'broken leg' example, though, as there really is no health information involved.

Sorry if I'm overthinking.

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Specializes in RN, CCM.

Thank you. This makes sense. I really appreciate your time in answering my question.  I see you've been on here a long time and have made many posts yourself.  You must know HIPAA very well.  It is definitely far more complicated than I ever realized until now.  So much appreciate you taking your valuable time to answer my question.

Kara 

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You're welcome.

And now for some unofficial advice:

I appreciate that you want to follow the laws and also want to protect your patients' privacy/confidentiality.

I see my location at any given time as a personal, separate issue. At some point it must be acknowledged that we are not some sort of undercover operators, we are just living life and doing our jobs. Lots of apps (almost all?), not just maps, have the ability to track location unless you turn off that permission individually for each one. The phone itself could be pinged for location. So unless you shut the whole thing off before arriving at your location the information could be discovered.

The home care division of my huge former health system has a fleet of vehicles that employees drive which are emblazoned with the company logo and 'home care services'. And they can park these vehicles on clients' properties during visits, thereby broadcasting to everyone that someone at that address is receiving care. Same with DME companies and a lot of other health services companies. They are allowed to advertise their services by letting everyone know that someone at that address is receiving care! Although the law can be crazy at times, it would seem over the top silly if you (the healthcare worker) were actually expected to shut off your phone or at least all of your apps so that no one could ever deduce that you might have been providing care somewhere, meanwhile if your company provided a vehicle to you, they would be allowed to have their logo on it and let you park it at the client's residence! ?

Practically speaking I think it was good of you to think of the question and concern yourself with your patients. But...now I'd forget about it. I wouldn't be asking any supervisors or anyone else about it. I'd just go about my life.

$.02

???

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Specializes in RN, CCM.

Exactly. You are 100% correct!  I appreciate you for taking your time to answer my question in such detail.  You have definitely helped me feel much better about what I can do. Thank you again,. Kara

Hope you have a great day! 

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Specializes in School Nursing.

I would not want to give my patients that much power over me. What if you tell them they will be third and an emergency comes up and they get bumped to 5th? They will be able to see that you made 2 stops prior to theirs. You are setting yourself up for complaints...

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Specializes in RN, CCM.
beachynurse said:

I would not want to give my patients that much power over me. What if you tell them they will be third and an emergency comes up and they get bumped to 5th? They will be able to see that you made 2 stops prior to theirs. You are setting yourself up for complaints...

I do not understand what this has to do with my original question of using a location app.

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Specializes in School Nursing.
Karahrn said:

I do not understand what this has to do with my original question of using a location app.  

Well, let me see if I can help you understand. If you are using a location app to let your patients see where you are, I was giving you a scenario of what can happen if a patient is told one thing and due to something that comes up a change needs to be made. I worked in home care for many years, and I can see this idea causing you more trouble than it is worth. 

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Specializes in RN, CCM.
beachynurse said:

I would not want to give my patients that much power over me. What if you tell them they will be third and an emergency comes up and they get bumped to 5th? They will be able to see that you made 2 stops prior to theirs. You are setting yourself up for complaints...

I do not understand what this has to do with my original question.

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Specializes in School Nursing.
Karahrn said:

I do not understand what this has to do with my original question.

I don't know what to tell you then.... 

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Specializes in RN, CCM.

The location app is NOT for the patient. It is so a member of my family is somewhat aware to the general location I am in case I don't show back up at home in a reasonable time.  For my safety.   I would have no need to provide my patients with my  location. I could simple call them if I'm running a different time then expected.  While if something was to happen to me, my family could have an idea the location I was last at when they called the police. 

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