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The Hippa letter...question


gypsie
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At the risk of getting completely slammed by some

I would love to see a discussion on this topic....

It has been said and referenced in this forum that listing the name of a clinic which "may" give some indication as to a diagnosis is a violation of Hippa.

This is what I don't understand. Being a nurse, I know -just because a clinic has a medical terminology area in it's name, such as OBGYN or Nephrology or orthopedic, so on and so on..... doesn't give any clue as to an actual diagnosis. There are literally hundreds of diagnosis that can be guessed at falling under specific areas of medicene.

I mean, if a clinic's name is "Dr. Doe's clinic for LEEP procedures for positive testing of HPV"- then sure- I could understand the whole HIPPA violation. But what clinic is acutally going to give that much detail in a name.

Is there something that lists actual/specific medical words that are considered a violation of Hippa?

Seeing so much use of the "hippa" letters to CAs/OCs. Makes me think- eventually everything will be listed in codes and then if there happens to be a CA show up with a code rather than a name- then it will be much harder to figure out what the TL is

Any thoughts??? xheadscratchx

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Arizona Cancer Center

Infectious Diseases Assoc of Brooklyn

Pro-Choice Medical Center

Here is a couple of things that might help on understanding why. All of these are actual places.

1. This person has cancer and we should hurry and sue before he dies and we cant get our money

2. This person has a disease of some sort, I don't want them renting one of my apartments

3. This person did something I don't agree with...I am not going to give them credit for a car/rent to them/I am going to harass them

Of course not centers have names like this, but they aren't going to make a law saying that names of places like these can't be on the report. However Dr. Bob the Family Physician can put their name on there.

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Arizona Cancer Center

Infectious Diseases Assoc of Brooklyn

Pro-Choice Medical Center

Here is a couple of things that might help on understanding why. All of these are actual places.

1. This person has cancer and we should hurry and sue before he dies and we cant get our money

2. This person has a disease of some sort, I don't want them renting one of my apartments

3. This person did something I don't agree with...I am not going to give them credit for a car/rent to them/I am going to harass them

Of course not centers have names like this, but they aren't going to make a law saying that names of places like these can't be on the report. However Dr. Bob the Family Physician can put their name on there.

Ok, those are all valid points, and make more sense as in discrimmination rather than violation of privacy

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PHI does not just include the diagnosis.

“Protected health information means any information, whether oral, written, electronic, visual,

pictorial, physical, or any other form, that relates to an individual’s past, present, or future physical or

mental health status, condition, treatment, service, products purchased, or provision of care, and which (a)

reveals the identity of the individual whose health care is the subject of the information, or (B) where there

is a reasonable basis to believe such information could be utilized (either alone or with other information

that is, or should reasonably be known to be, available to predictable recipients of such information) to

reveal the identity of that individual.”

For example, if a health record contains sufficient information to identify an individual to whom

it relates because it provides information which specifically narrows the class of individuals in an aggregate

setting (such as an HIV report that contains the race, sex, age, county of residence, date of infection, place

of treatment, or other information about an individual in a rural community with limited cases of HIV

infection), such record may also be considered identifiable in its existing form, and thus protected health

information.

Which means that a credit report (which contains personal identifiers- name, SSN, address, and which also contains information that relates to an individual’s past, present, or future physical or mental health status, condition, treatment, service, products purchased, or provision of care ) would then become PHI. The problem is that Hipaa has no private right of action.

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Thanks Dive! That helps with my understanding and hopefully anyone else here too that may have been questioning.

2 things you said really sum it up or make it make sense to me-

sufficient information to identify an individual to whom

it relates because it provides information which specifically narrows the class of individuals in an aggregate

The problem is that Hipaa has no private right of action.

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