HIPAA regs info

[Mr Ian]

A friend in US is asking about access to clinical records under HIPAA.

Thing is they're not sure (and neither am I, being as I'm over here and not over there) where HIPAA applies.

Is there a limitation or specific detail as to the types of places where PHI records are held and that fall under HIPAA or is it inclusive of any health related information?

eg: a fitness centre.. sorry, center - if a PT worked there and kept ongoing individual records for their clients - would those personal training records fall under HIPAA?

Or a university psychology counsellor - would their clinical records fall under HIPAA or not as they aren't employed in a clinical workplace like a doctor's or a private counsellor's place - yet they are employed as a health clinician/counsellor in a non-clinical environment.

Are there any places HIPAA does not apply for clinical health records?

Hope those made sense. TIA

[jmgrn65, RN]

IF it is a health record than it is protected by Hippa. The first part of your question was about obtaining records. A person has the right to see thier own records and I believe have copies. After saying this I really dont think a fitness center would fall under Hippa. But the fitness center would surely know and if it did they would have to give you information that they fall under HIPPA.

Hope this helps.

[classicdame, MSN, EdD]

I disagree. I do not think the information in a fitness center would be considered public property without patient consent. But I do think the advice fits - the patient needs to contact the center. If the party of interest is not the one requesting the information, then there may be problems.

[3rdcareerRN]

From the regulations summary:

"The Privacy Rule applies only to covered entities. " (from http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/index.html)

"Are you a covered entity?

Does the person, business, or agency furnish, bill or receive payment for, health care in the normal course of business?

If yes:

Does the person, business or agency transmit (send) any covered transactions electronically?

If yes:

The person, business, or agency is a covered entity."

from http://www.cms.hhs.gov/HIPAAGenInfo/Downloads/CoveredEntitycharts.pdf

So my layman's interpretation would be that a PT or counselor who (a) keeps records and receives payment, but (b) does not electronically transmit billing or other transactions, would not be bound by HIPAA.

Gosh, two clicks down in Google and there's the answer...

[Mr Ian]

Gosh, two clicks down in Google and there's the answer...

You are smart.

Thanks.