was this a HIPPA violation or not.

[Aemt1129]

I have a question. I over heard that a PRE HOSPITAL provider was fired because they asked the neighbor child how her parent was. apparently the kid is at their house more than her own. the parent was in police custody and not a hospital patient but was on hospital property. did HIPPA get violated or could the person fought the charge?

[mkk99]

Did you look for answers here? https://allnurses.com/hipaa-nursing-challenges/hipaa-violation-or-647411-page3.html#post8981892

[Double-Helix, BSN, RN]

Let's think for a minute about what HIPAA is. Health Information Portability and Accountability Act. While what it actually is, and who and what it covers is a very detailed topic, the short version is that a HIPAA violation involves releasing or sharing protected health information without the consent of the involved party.

So now you can answer your own question. If the parent was not a patient of this provider, nor a patient at the hospital, they are not protected by HIPAA. Arrests/criminal actions are a matter of public record and not at all related to HIPAA. Inquiring about one's neighbor who was arrested, regardless of where they were arrested, is in no way related to HIPAA.

This story sounds like the "Lemonjello and Orangello" twins. Everyone says they have heard of patients by those names, yet no one can provide proof that they exist.

[jadelpn, LPN, EMT-B]

I am not sure it was a HIPAA violation per se, but most certainly a privacy violation. How did this EMT know that the parent was in police custody? Perhaps after being medically cleared by the EMT's? Was the EMT on duty?

As adults in general, I would never suggest that one who knows a parent is in a sticky situation that the child may be upset about to ask such questions of any kid. It is wrong on a number of levels. A more appropriate response would be "you know you are welcome at our house as usual anytime" and leave it at that.

More than likely, the person was let go due to privacy violations, and/or inappropriate communication while on duty. An upset and crying kid in response to such an emotional trigger question would be hard enough in one's own living room, but even more so on the street while on duty.