Is This a HIPAA Violation?

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Hey guys, we have a new case (I work at a med mal firm) where an MA was fired for texting a patient to ask if he was dating anyone. The employer felt that this was a HIPAA violation so she was fired. Do you guys think this actually counts as a violation?

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Specializes in Complex pedi to LTC/SA & now a manager.

Does it matter what we think if you work for the attorney?

Poor choice? Unethical? Crossing professional boundaries? Yes yes yes.

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Specializes in Trauma Surgical ICU.

How did the MA obtain the pts cell phone number?? From his chart? That's a big no no!!

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Specializes in Complex pedi to LTC/SA & now a manager.

It's also grounds for termination for unethical behavior. If the number was voluntarily given by the patient, still unethical. If MA obtained the phone number by accessing the chart that contains PHI what do you think?

What goes med mal have to do with romance inquiries via text & HIPAA violations anyway?

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Does it matter what we think if you work for the attorney?

Poor choice? Unethical? Crossing professional boundaries? Yes yes yes.

I do not work for her attorney. I'm hit with talk about HIPAA all day at work as I work very closely with different healthcare providers, and it seems that between the medical and legal field, we usually have a different view on what all is covered under HIPAA so I was genuinely curious about this one.

Thanks for taking the time to respond!

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Specializes in Complex pedi to LTC/SA & now a manager.

The HIPAA question would come into play based upon how the MA obtained the patient's cell phone number.

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It's also grounds for termination for unethical behavior. If the number was voluntarily given by the patient, still unethical. If MA obtained the phone number by accessing the chart that contains PHI what do you think?

What goes med mal have to do with romance inquiries via text & HIPAA violations anyway?

I sent you a pm about this.

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How did the MA obtain the pts cell phone number?? From his chart? That's a big no no!!

I'm not sure on that one. We're still in the beginning stages of the case. But I guess instead of an actual HIPAA violation, it's just an ethical issue...

Thanks for the response!

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Specializes in Med-Surg.

This is off topic, but since the importance is on HOW he obtained the patients number...

Remember when Jerry got a woman's number off the aids walk list? (Seinfeld).

This reminds me of that. Seriously though, if he had asked the patient for her number he would have been unethical but if he looked up her number in her chart, possibly a violation? In any case he was trying to date a patient and that's at least grounds for termination.

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When a healthcare provider accesses protected information (which includes phone numbers) for anything other than purposes of providing patient care, it is a HIPAA violation.

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Karou and Scottishtape, thanks for the info!

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Specializes in SICU, trauma, neuro.
But I guess instead of an actual HIPAA violation, it's just an ethical issue...

Why do you need to guess? That's an...intersting thing to say.

If the MA got the pt's phone # from the chart, that does sound like a HIPAA vio

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