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Discussion

Hipaa question help

If I were to work at a doctors office and go home and tell my husband, mom, dad, etc. about a case but not ever tell them their name or any info other than their case or procedure, is that a violation of hipaa?

Featured Replies

  • Admin

Do you have any kind of an argument as to why it is or isn't? What are your thoughts about it? I have mine, but I'd like to see what your reasoning behind this question is first.

  • Author

I think the more vague I am, the better it would be. But if I said to my mom, dad, or friend that I saw someone who had a disease, and how unfortunate it is because of the lack of info surrounding the disease that they didn't know how they got it or even that they had it, I'm not sure if it violates anything. I never gave any indicators such as names, age, location, gender, etc so I don't think it is a violation because there is no way to track this down. Or if I said that I got to assist in a heart surgery, that should be vague enough that it isn't a violation, right?

The more unique the condition the more likely stating you took care of someone with such a condition becomes identifying. So tea it is likely a HIPAA violation in your scenario

  • Author

So if you are a nurse in say an optometrist's office and you said "I saw a patient who had eye cancer today" that is a violation because it is relatively identifying however if I said "my patient had pink eye" then that is not a violation because it's relatively common?

  • Experts

Your most professional and safest course is just to not start down the road of talking about cases with family or friends. The more you do it, the easier it is to slip up and go too far.

So if you are a nurse in say an optometrist's office and you said "I saw a patient who had eye cancer today" that is a violation because it is relatively identifying however if I said "my patient had pink eye" then that is not a violation because it's relatively common?

"Keep your ears open and mouth shut" is the best advice I ever received. Our breakroom had a sign "What you see here and what you hear here, it must stay here when you leave here".

I think the more vague I am, the better it would be. But if I said to my mom, dad, or friend that I saw someone who had a disease, and how unfortunate it is because of the lack of info surrounding the disease that they didn't know how they got it or even that they had it, I'm not sure if it violates anything. I never gave any indicators such as names, age, location, gender, etc so I don't think it is a violation because there is no way to track this down. Or if I said that I got to assist in a heart surgery, that should be vague enough that it isn't a violation, right?

Saying you saw or assisted with xx procedure or condition, with no other info, is not a HIPAA violation. My usual test for things like this is, if I were the patient and I overheard this conversation, is there enough info being shared for me to identify myself in it? That patient has no idea, unless you tell them, how many other cases of any given condition you have seen. Even if it is a rare condition, as long as you don't share anything else but that you saw it, even if they think they know who you are talking about its not a HIPAA violation although if they complain it could get you in trouble for violating company policy or something like that.

I have family in another country and i do mention the more interesting cases i see to them- the dx, treatments etc. There is no way they will ever meet or be able to identify these patients, and there is minimal chance of them sharing our conversations with anyone who knows me or my patients who could get me in trouble. My sister down the road? I'm a bit more cautious, but wouldn't be afraid to say "I saw a Wilms tumor the other day. "

  • Author

This is a really good explanation, thank you so much!!

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