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Discussion

Is this a HIPAA violation?

is-this-hipaa-violation.jpg.52430d1e43529bb7cc48d65289bca78e.jpg

I submitted a worksheet from the wrong patient to my instructor (I printed and submitted a worksheet from a patient from a previous semester by accident). Is it a HIPAA violation? Why or why not?

Featured Replies

When you say "printed worksheet" are you referring to something printed from the medical record, and containing protected health information (e.g., med rec number, allergies, diagnosis, etc.)?

ETA: Or was this a form you completed which contained protected health information?

3 hours ago, DR2bSCIENCE said:

I submitted a worksheet from the wrong patient to my instructor (I printed and submitted a worksheet from a patient from a previous semester by accident). Is it a hippa violation? Why or why not? 

If you didn't remove information of the patient, such as full name (should replace this with initials), birthdate, address, etc, yes, it is a violation. My CI told me that I have to shred those data. 

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4 hours ago, chare said:

When you say "printed worksheet" are you referring to something printed from the medical record, and containing protected health information (e.g., med rec number, allergies, diagnosis, etc.)?

ETA: Or was this a form you completed which contained protected health information?

Form I completed with phi

On 1/6/2022 at 1:02 PM, DR2bSCIENCE said:

Form I completed with phi

Thank you.  As @Honeybee mentioned above, if you forwarded PHI to your instructor, it likely would be considered a HIPAA violation.  If not, it would most certainly be a privacy violation.  

And another consideration, did the facility where you completed your clinicals know that you were removing PHI?  

I don’t believe it is a HIPPA violation because you had contact with that patient during the time when the sheet was created and you are reviewing it and forwarding it for training purposes, which is an exception.

On 1/10/2022 at 5:41 AM, FiremedicMike said:

I don’t believe it is a HIPPA violation because you had contact with that patient during the time when the sheet was created and you are reviewing it and forwarding it for training purposes, which is an exception.

I hope so. The hospital where I performed my clinical had a different setup. If I walk out with a PHI, it was a HIPPA violation. It was a ground to ban and fail me from their hospital. In fact, our instructor checked our printed paper. She taught me to be diligent.   

1 hour ago, Honyebee said:
3 hours ago, FiremedicMike said:

I don’t believe it is a HIPPA violation because you had contact with that patient during the time when the sheet was created and you are reviewing it and forwarding it for training purposes, which is an exception.

I hope so. The hospital where I performed my clinical had a different setup. If I walk out with a PHI, it was a HIPPA violation. It was a ground to ban and fail me from their hospital. In fact, our instructor checked our printed paper. She taught me to be diligent. 

Accessing the patient's medical record and PHI for training purposes is allowed; however this exception doesn't include releasing it.  In every program I attended, both undergraduate and graduate, university policy clearly stated that we were prohibited from removing any PHI.  

10 minutes ago, chare said:

Accessing the patient's medical record and PHI for training purposes is allowed; however this exception doesn't include releasing it.  In every program I attended, both undergraduate and graduate, university policy clearly stated that we were prohibited from removing any PHI.  

There were too many medications to copy;  we were allowed to print them but must removed like SSN, birthdate, name, address, and other pertinent information. We must shred these data before we got out of the unit. I think that I didn't explain myself very well. Sorry. 

3 hours ago, chare said:

Accessing the patient's medical record and PHI for training purposes is allowed; however this exception doesn't include releasing it.  In every program I attended, both undergraduate and graduate, university policy clearly stated that we were prohibited from removing any PHI.  

I guess the question becomes whether turning it in to your teacher (also a covered entity) is considered releasing.  I’m inclined to think it’s not, but I’m not a lawyer at all..

It could be. Was there any PHI included? 

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