PWRFULZ3R0 Posted November 12, 2015 Report Share Posted November 12, 2015 I was told to seek out a new hire (never met him) to have him do some drafting work for me on Friday. Couldn't find him, so I asked the secretary (administrative assistant, whatever) where he was. She told me he was out sick, and it might be meningitis, I think he offered up this information to her. Weekend goes by, I seek him out again, but first asked the secretary if he was in before looking for him. She replies "Yes, he's in. And he told me that his spinal tap did come back positive for viral meningitis" At this point, I'm like "What the hell, why is he here." Rumors circulate that people have seen him throwing up in the bathroom, and he looks like hell. I ask the office manager if he's cleared to work, and it takes a day, but he gets a letter from the guy's doctor stating he can work (even though he's puking his guts out in the bathroom). I decide to tell a few coworkers/friends to watch out for symptoms because this guy has viral meningitis.Is there a violation of HIPAA here? On whose part, everyones? It seems to be what's considered a "newsworthy" situation under HIPAA and therefore OK to warn people. Thanks Quote Link to comment Share on other sites More sharing options...
Brendon_t Posted November 12, 2015 Report Share Posted November 12, 2015 Contacting your dept of insurance or Hippa directly to inquire is really the only way to go. Quote Link to comment Share on other sites More sharing options...
Beechwood Chip Posted November 12, 2015 Report Share Posted November 12, 2015 (edited) I've had a little (very little) training on handling HIPAA data. As I understand it, HIPAA limits what health care providers can do with your health information. If you want to take out a TV ad to broadcast your diagnosis, that's on you. And if you tell someone who is not a healthcare provider, and that person blabs, that's between the two of you. So, if the guy told a co-worker, and the co-worker tells the world, it's not a HIPAA issue. Assuming that the co-worker was not also his health care provider.But, I am not a lawyer or HIPAA expert. I know enough about HIPAA so that when someone says, "HIPAA data", I say "Not on my machine."[ Edit: it might be a violation of employment record confidentiality, if he was required to report his condition to his employer and that's how the co-worker knew of it. ] Edited November 12, 2015 by Beechwood Chip Quote Link to comment Share on other sites More sharing options...
Sac Posted November 12, 2015 Report Share Posted November 12, 2015 (edited) Edited November 12, 2015 by Sac 1 Quote Link to comment Share on other sites More sharing options...
Popular Post bgreenb Posted November 12, 2015 Popular Post Report Share Posted November 12, 2015 These kinds of posts always crack me up. I understand the off topic posts about stuff that is tangentially related to woodworking (e.g., DIY, metal work, mechanical stuff), but there HAS to be someone in your life better suited to answering a legal question about HIPAA than strangers on a woodworking forum.Not picking on you, all in good fun 3 Quote Link to comment Share on other sites More sharing options...
Cochese Posted November 12, 2015 Report Share Posted November 12, 2015 Once he freely said what his condition was, you're most likely in the clear. There is a slight bit of issue if you would be considered a covered entity, but it doesn't sound like you are unless your company is providing the coverage.You're right, when it comes to authorizations and consents, the patient's privacy rights take a bit of a backseat to public reporting and health. I wouldn't worry about it too much if you aren't a covered entity. If you are providing health care insurance of any sort, stop talking about a potential illness in terms of who has something - start talking about symptoms and leave individuals out of it. Quote Link to comment Share on other sites More sharing options...
Tpt life Posted November 12, 2015 Report Share Posted November 12, 2015 These kinds of posts always crack me up. I understand the off topic posts about stuff that is tangentially related to woodworking (e.g., DIY, metal work, mechanical stuff), but there HAS to be someone in your life better suited to answering a legal question about HIPAA than strangers on a woodworking forum.Not picking on you, all in good fun I am not here because I am a woodworker by trade. I am here because I am a woodworker by night. I am fairly certain some member of this forum can nail this legality down absolutely. That is what makes the forum fun. If some guys want to guess? That can be fun sometimes too. Now, back to lunch. Quote Link to comment Share on other sites More sharing options...
Cochese Posted November 12, 2015 Report Share Posted November 12, 2015 I am not here because I am a woodworker by trade. I am here because I am a woodworker by night. I am fairly certain some member of this forum can nail this legality down absolutely. That is what makes the forum fun. If some guys want to guess? That can be fun sometimes too. Now, back to lunch. Yup, this stuff is what I do for a living. This is not paid legal advice, however. Quote Link to comment Share on other sites More sharing options...
PWRFULZ3R0 Posted November 13, 2015 Author Report Share Posted November 13, 2015 I am not here because I am a woodworker by trade. I am here because I am a woodworker by night. I am fairly certain some member of this forum can nail this legality down absolutely. That is what makes the forum fun. If some guys want to guess? That can be fun sometimes too. Now, back to lunch. Thank you C Shaffer, I couldn't have expressed that any better. These are my thoughts exactly and why I feel the Off-topic forum exists. Yes, we talk about woodworking mostly, but is that all we can talk about?Once he freely said what his condition was, you're most likely in the clear. There is a slight bit of issue if you would be considered a covered entity, but it doesn't sound like you are unless your company is providing the coverage.You're right, when it comes to authorizations and consents, the patient's privacy rights take a bit of a backseat to public reporting and health. I wouldn't worry about it too much if you aren't a covered entity. If you are providing health care insurance of any sort, stop talking about a potential illness in terms of who has something - start talking about symptoms and leave individuals out of it.Thanks Cochese, this is what I was hoping to hear and from someone who does this for a living. I understand it's not paid legal advice. I have prepaid legal, so if I need to I'll reach out to them. These kinds of posts always crack me up. I understand the off topic posts about stuff that is tangentially related to woodworking (e.g., DIY, metal work, mechanical stuff), but there HAS to be someone in your life better suited to answering a legal question about HIPAA than strangers on a woodworking forum.Not picking on you, all in good fun Bgreenb, I'm use to other forums' off-topic communities that talk about anything from sports to what beer you currently have in your fridge, to talk about STDs. I've always viewed forums like a bunch of guys meeting up after group meet of some sort at a bar, maybe like a mustang owners group? Yeah you mostly talk about mustangs, but occasionally a guy might ask/talk about something not related to mustangs. And I bet the guy who shouts out "we're only here to talk about mustangs!" seems like a silly man who doesn't let people speak. But just my opinion, not picking on you, all in good fun 1 Quote Link to comment Share on other sites More sharing options...
Eric. Posted November 13, 2015 Report Share Posted November 13, 2015 Brian wasn't giving you a hard time for bringing up something off-topic...after all, that's why we have the off-topic forum. He was giving you a hard time about seeking legal advice from a bunch of termites. LOL All in good fun, of course. 1 Quote Link to comment Share on other sites More sharing options...
bgreenb Posted November 13, 2015 Report Share Posted November 13, 2015 On an unrelated health question.... Do men get PMS? Because there seems to be a lot of it on the forum lately. Baskets, crying in my room, delete me its like Steel Magnolias over here. Good question...maybe check with comp over in the project journals section - I think he's doing firsthand research. 2 Quote Link to comment Share on other sites More sharing options...
Tpt life Posted November 13, 2015 Report Share Posted November 13, 2015 I'd love a current NCO to comment. My dad claimed his Vietnam era NCO training included discussions about hormonal cycles in men that occur in a similar type of fashion while not necessarily resembling closely. I think there may be merit in the question. Quote Link to comment Share on other sites More sharing options...
Popular Post wtnhighlander Posted November 14, 2015 Popular Post Report Share Posted November 14, 2015 PMS jokes are NOT funny. Period. 4 Quote Link to comment Share on other sites More sharing options...
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