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Discussion

HIPAA - PHI infraction?

Are patient's last names on backs of wheelchairs compliant with HIPAA law? These patients propel their wheelchairs throughout the hospital and therapy gyms.

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    • Experts

    no, it's their name and it would fall under incidental uses and disclosures

    "incidental use and disclosure -- the final rule acknowledges that uses or disclosures that are incidental to an otherwise permitted use or disclosure may occur. such incidental uses or disclosures are not considered a violation of the rule provided that the covered entity has met the reasonable safeguards and minimum necessary requirements. for example, if these requirements are met, doctors' offices may use waiting room sign-in sheets, hospitals may keep patient charts at bedside, doctors can talk to patients in semi-private rooms, and doctors can confer at nurse's stations without fear of violating the rule if overheard by a passerby."

    (http://www.hhs.gov/ocr/privacy/hipaa...identalu&d.pdf)

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    • Experts

    That is a good question!

    I think as long as the pt knows and agree's it is informed consent, but if the patient is confused then we can assume they didn't give informed consent

    I know wheelchairs get mixed up and misplaced so pt often want them labelled so it doesn't happen.

    My pts often will tie something on the handles like a ribbon or a colorful mark on the back so that their chair is easily identifiable.

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    In order for HIPAA to be in effect, doesn't there need to be two things? Like an identification of some sort (such as a name) matched to protected health information? Surely you aren't claiming that using a wheelchair is indicative of health information? That's pretty much the most ridiculous thing I've ever heard.

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    • Author

    Please take care, thinkertdm. I've asked the question with trying to understand HIPAA law. Your comment "That's pretty much the most ridiculous thing I've ever heard" sounds like a put-down attempt. Not necessary.

    I had wondered if the avoidance of the use of a patient name in a public hallway (and in this case - written) would be a 'reasonable safeguard' consideration.

    Many thanks for your responses. Learning about HIPAA has been a most fascinating challenge.

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    Please take care, thinkertdm. I've asked the question with trying to understand HIPAA law. Your comment "That's pretty much the most ridiculous thing I've ever heard" sounds like a put-down attempt. Not necessary.

    Please don't be mad with me for saying this, but you need a bit of a thicker skin. I didn't look at this as a put down directed at you. Maybe I'm wrong, maybe it was. Either way, take it with a grain salt (and please, PLEASE don't fall back on 'lateral violence!')

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