Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim ________________________________________________________________________________\ ____ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools.search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life-threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL Jane Hill HillGandy Associates -------------- Original message from Tim D : -------------- Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim __________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools.search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Ok so while we are asking the " legal-eagle " questions (which I always enjoy...happy happy joy joy) what about EMTALA if in an outlying area a mediclands a med helo at a hospital helo pad as means of getting a patient to a tertiary care center ie Burn center, trauma center etc. Does that patient actually become the resposibility of the base hospital in question. I just love these debates je.hill@... wrote: I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life-threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL Jane Hill HillGandy Associates -------------- Original message from Tim D : -------------- Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim __________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools.search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 No, the Centers for Medicare/Medicaid have a position paper on this very scenario. Lee _____ From: texasems-l [mailto:texasems-l ] On Behalf Of Terrell Sent: Tuesday, February 20, 2007 1:05 PM To: texasems-l Subject: Re: HIPPA Question/Violation Ok so while we are asking the " legal-eagle " questions (which I always enjoy...happy happy joy joy) what about EMTALA if in an outlying area a mediclands a med helo at a hospital helo pad as means of getting a patient to a tertiary care center ie Burn center, trauma center etc. Does that patient actually become the resposibility of the base hospital in question. I just love these debates je.hill (AT) att (DOT) <mailto:je.hill%40att.net> net wrote: I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life-threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL Jane Hill HillGandy Associates -------------- Original message from Tim D <southernhillcountye <mailto:southernhillcountyemsedu%40yahoo.com> msedu@...>: -------------- Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim __________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools. <http://tools.search.yahoo.com/shortcuts/#loc_weather> search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 The Feds (I'm blocking on the initials right now) have said not. Randy R. (Randy) Loflin, M.D., FACEP Associate Professor Medical Director, City of El Paso EMSS Re: HIPPA Question/Violation Ok so while we are asking the " legal-eagle " questions (which I always enjoy...happy happy joy joy) what about EMTALA if in an outlying area a mediclands a med helo at a hospital helo pad as means of getting a patient to a tertiary care center ie Burn center, trauma center etc. Does that patient actually become the resposibility of the base hospital in question. I just love these debates Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Terrell, That has already been answered by Medicare. Click the link and go halfway down the page for the answer. http://www.medlaw.com/handout.htm Thanks stephen stephens > I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life- threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL > > Jane Hill > HillGandy Associates > > -------------- Original message from Tim D : -------------- > > Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. > > Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. > > I say that the company violated HIPPA, as I'm sure no release was signed by the pt. > > Tim > > __________________________________________________________ > Don't get soaked. Take a quick peak at the forecast > with the Yahoo! Search weather shortcut. > http://tools.search.yahoo.com/shortcuts/#loc_weather > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Good question, Mike. I was " assuming " (and you know what they say about that) that the employer in question was an EMS employer by the way the original question was worded. jane --------- Re: HIPPA Question/Violation I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life-threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL Jane Hill HillGandy Associates -------------- Original message from Tim D <southernhillcountye <mailto:southernhillcountyemsedu%40yahoo.com> msedu@...>: -------------- Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim __________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools. <http://tools.search.yahoo.com/shortcuts/#loc_weather> search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 We have ask the powers that be on two different occasions and they advise it would not be an EMTALA violation even if it was a hospital base EMS provider due to bypass trauma protocols in place. However we have chosen to make the hospital pad the very last resort due to the tendency of hospital staff attempting to help and the urge to move the patient inside. I can guarantee that no two nurses or paramedics have the same definition of an EMTALA violation. The same goes for the different definitions receiving hospital vs transferring hospital. Henry Re: HIPPA Question/Violation Ok so while we are asking the " legal-eagle " questions (which I always enjoy...happy happy joy joy) what about EMTALA if in an outlying area a mediclands a med helo at a hospital helo pad as means of getting a patient to a tertiary care center ie Burn center, trauma center etc. Does that patient actually become the resposibility of the base hospital in question. I just love these debates je.hill@... wrote: I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life-threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL Jane Hill HillGandy Associates -------------- Original message from Tim D : -------------- Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim __________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools.search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 >>We have ask the powers that be on two different occasions and they advise it would not be an EMTALA violation even if it was a hospital base EMS provider due to bypass trauma protocols in place. However we have chosen to make the hospital pad the very last resort due to the tendency of hospital staff attempting to help and the urge to move the patient inside. I can guarantee that no two nurses or paramedics have the same definition of an EMTALA violation. The same goes for the different definitions receiving hospital vs transferring hospital.<< We had just such a situation the other day, and I took an active role in patient care right there on the pad, further muddying things. It's hard to stand back and be a spectator. -- Grayson, CCEMT-P, etc. MEDIC Training Solutions http://www.medictrainingsolutions.com/ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Yes Mike the employer was also the service that transported both mother and newborn. T Re: HIPPA Question/Violation I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life-threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL Jane Hill HillGandy Associates ------------ -- Original message from Tim D <southernhillcounty e <mailto:southernhil lcountyemsedu% 40yahoo.com> msedu (AT) yahoo (DOT) <mailto:msedu% 40yahoo.com> com>: ------------ -- Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim ____________ _________ _________ _________ _________ _________ _ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools. <http://tools. <http://tools. search.yahoo. com/shortcuts/ #loc_weather> search.yahoo. com/shortcuts/ #loc_weather> search.yahoo. com/shortcuts/ #loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 , That is completely understandable. Not many would be able to stand back. Henry Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Too many variables with the info provided. If the employer is not an entity, then it isn't a HIPAA violation. Hypothetically, if the employer is an EMS service, who transported the employee/patient, then there rises the possibility that it is a HIPAA violation. If it is an off the wall employer (i.e Joe's Bar and Grill), the release of the information they have, in my opinion, would not violate HIPAA. It would however cause me to raise my eyebrows trying to figure how they got a copy of the run report in the first place. Somewhere along the line, something is askew... Re: HIPPA Question/Violation I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life-threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL Jane Hill HillGandy Associates -------------- Original message from Tim D <southernhillcountye <mailto:southernhillcountyemsedu%40yahoo.com> msedu@...>: -------------- Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim __________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools. <http://tools.search.yahoo.com/shortcuts/#loc_weather> search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 If I recall correctly, and we had to research this at my last employer (hospital based EMS service with a helipad) the answer is no. I am quite sure that the right royal Mr. Gandy will correct me if I am wrong. This was actually a question that went through all the proper channels for clarification too. Mike Re: HIPPA Question/Violation Ok so while we are asking the " legal-eagle " questions (which I always enjoy...happy happy joy joy) what about EMTALA if in an outlying area a mediclands a med helo at a hospital helo pad as means of getting a patient to a tertiary care center ie Burn center, trauma center etc. Does that patient actually become the resposibility of the base hospital in question. I just love these debates je.hill (AT) att (DOT) <mailto:je.hill%40att.net> net wrote: I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life-threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL Jane Hill HillGandy Associates -------------- Original message from Tim D <southernhillcountye <mailto:southernhillcountyemsedu%40yahoo.com> msedu@...>: -------------- Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim __________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools. <http://tools.search.yahoo.com/shortcuts/#loc_weather> search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 LMAO..so true dat...G** knows I assumed one or tow or a bazillion things in my life, just ask my ex wife(s).:-) The original post did say that the employer was an EMS type service, so then that begs the question of " was the EMS/employer also the transporting agency? " Mike RE: HIPPA Question/Violation Good question, Mike. I was " assuming " (and you know what they say about that) that the employer in question was an EMS employer by the way the original question was worded. jane --------- Re: HIPPA Question/Violation I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life-threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL Jane Hill HillGandy Associates -------------- Original message from Tim D <southernhillcountye <mailto:southernhillcountyemsedu%40yahoo.com> msedu (AT) yahoo (DOT) <mailto:msedu%40yahoo.com> com>: -------------- Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim __________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools. <http://tools. <http://tools.search.yahoo.com/shortcuts/#loc_weather> search.yahoo.com/shortcuts/#loc_weather> search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Tim, HIPAA does not prohibit sharing of health information on an employee in a legal proceding so long as the information is required by law. However, the minimum necessary rule may apply, which means that only information pertinent to the proceeding may be disclosed without authorization from the employee. For a summary of the law, go to this link: http://www.twc.state.tx.us/news/efte/hipaa_basics.html Gene Gandy In a message dated 2/20/07 11:15:41 AM, southernhillcountyemsedu@... writes: > > Here is a question that I'm not sure if it falls under a HIPPA violation or > not, so need some help. > > Can an employer (EMS) send copies of patient run sheets to TWC as part of an > unemployment claim filed by a former employee. Mind you, the runsheet > contains all of the pts personall and medical information. > > I say that the company violated HIPPA, as I'm sure no release was signed by > the pt. > > Tim > > ____________ ________ ________ ________ ________ ________ > Don't get soaked. Take a quick peak at the forecast > with the Yahoo! Search weather shortcut. > http://tools.http://tools.http://tools.http://tools > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Not without the consent of the employee. --- Tim D wrote: > Here is a question that I'm not sure if it falls > under a HIPPA violation or not, so need some help. > > Can an employer (EMS) send copies of patient run > sheets to TWC as part of an unemployment claim filed > by a former employee. Mind you, the runsheet > contains all of the pts personall and medical > information. > > I say that the company violated HIPPA, as I'm sure > no release was signed by the pt. > > Tim > > > > ________________________________________________________________________________\ ____ > Don't get soaked. Take a quick peak at the forecast > with the Yahoo! Search weather shortcut. > http://tools.search.yahoo.com/shortcuts/#loc_weather > > [Non-text portions of this message have been > removed] > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Guys, Go back to the original HIPPA document. If it is billing, oversight, or internal QA/QC/TQI you can discuss or distribute on a need to know...anything else gets a release or stays in the file cabinet. In the past year we had a part-timer pull 139 call cards loaded with " listed identifiers " and make use of them for political reasons. The call cards were maintained by the agency that dispatches us (SO), and beyond our scope of control. We spent much time working through this with the folks at HHS. You can also bet your sweet biffy that the County Sheriff has a new appreciation for the anacronym " HIPPA " . Vernon Gresham HIPPA Question/Violation Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim __________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools.search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Mike, You're right. Read my post again. I specifically mentioned that the " minimum necessary " rule would apply. Administrative judges have subpoena power, and so the relevant information can be subpoened, but the report should be edited carefully to be sure that no irrelevant information is included. In a legal proceeding, the judge often makes that determination and redacts the unusable part. I did not discuss under what conditions the company forwarded the materials-=-whether it was under subpoena, or if submitted by their own lawyer. In that case, the employee's lawyer should have made a motion to exclude it and the judge then would have determined which parts were relevant. Actually, the judge or referee should have done that on his/her own motion, since if I understand this correctly, the patient and child are not parties to the case. The point was HIPAA does not necessarily prevent the dissemination in a legal proceeding; however, the protection can be waived if the employee fails to make the necessary motions and ask the judge for protection, if applicable, or in this case, where the patient is not a party to the proceeding, the referee or judge should limit the use of the material. In a proceeding before a referee, the same basic rules apply except it's all much less formal. The employee can certainly lodge a complaint alleging a HIPAA violation, and that will cause the service a certain amount of heartburn, but it would only be a $100 violation if sustained, and HIPAA has never resulted in any monetary fine being levied, to my knowledge. So basically the enforcing agency has determined that their disciplinary approach will be touchy feely and that they will work with the offender to " educate " them. The employee has standing to file a complaint. Anybody can file one. Of course, the patient herself or someone on behalf of her child could also do it. Further affiant sayeth not. GG Gene > > Gene, > > I'll buy that, however in this case, if I read correctly. The employee > worked for EMS service XYZ and transported a patient plus her newborn > child. The employee was terminated, the employee filed a claim with TWC. > In an effort to show that the employee was incapable of proper billing, > EMS service XYZ forwarded an unedited copy of the run report from the > mother and her newborn child to include medical and billing information > to Texas Workforce Commission. > > Texas Workforce Commission would have absolutely no reason to obtain a > copy of the run report in its unedited form would they? > > How could the patients pertinent medical history, billing and > demographic information be necessary for filing a TWC claim from either > side of the fight? For that matter, how could the patients run report in > any form be pertinent? > > Mike > > > > > Re: HIPPA Question/Violation > > Tim, > > HIPAA does not prohibit sharing of health information on an employee in > a > legal proceding so long as the information is required by law. However, > the > minimum necessary rule may apply, which means that only information > pertinent to > the proceeding may be disclosed without authorization from the employee. > > For a summary of the law, go to this link: > > http://www.twc. <http://www.twc.http://wwhttp://www.twhttp://www.twhttp> > state.tx.us/ state.tx. state.tx.us/ sta > > Gene Gandy > > In a message dated 2/20/07 11:15:41 AM, southernhillcountye > <mailto:southernhilmailto:southermailto:sout> msedu@... > writes: > > > > > Here is a question that I'm not sure if it falls under a HIPPA > violation or > > not, so need some help. > > > > Can an employer (EMS) send copies of patient run sheets to TWC as part > of an > > unemployment claim filed by a former employee. Mind you, the runsheet > > contains all of the pts personall and medical information. > > > > I say that the company violated HIPPA, as I'm sure no release was > signed by > > the pt. > > > > Tim > > > > ____________ ________ ________ ________ ________ ________ > > Don't get soaked. Take a quick peak at the forecast > > with the Yahoo! Search weather shortcut. > > http://tools. <http://tools.http://toolshttp://toolshttp://tool> > http://tools.http://tools.http://tools > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Trying to prove that a medic did not do proper billing for one call doesn't seem like a good reason not to pay for unemployment comp. I wonder what their SOP states about that. Salvador Capuchino Jr EMT-P --- Hatfield wrote: > Gene, > > I'll buy that, however in this case, if I read > correctly. The employee > worked for EMS service XYZ and transported a patient > plus her newborn > child. The employee was terminated, the employee > filed a claim with TWC. > In an effort to show that the employee was incapable > of proper billing, > EMS service XYZ forwarded an unedited copy of the > run report from the > mother and her newborn child to include medical and > billing information > to Texas Workforce Commission. > > Texas Workforce Commission would have absolutely no > reason to obtain a > copy of the run report in its unedited form would > they? > > How could the patients pertinent medical history, > billing and > demographic information be necessary for filing a > TWC claim from either > side of the fight? For that matter, how could the > patients run report in > any form be pertinent? > > Mike > > > > > Re: HIPPA Question/Violation > > Tim, > > HIPAA does not prohibit sharing of health > information on an employee in > a > legal proceding so long as the information is > required by law. However, > the > minimum necessary rule may apply, which means that > only information > pertinent to > the proceeding may be disclosed without > authorization from the employee. > > > For a summary of the law, go to this link: > > http://www.twc. > <http://www.twc.state.tx.us/news/efte/hipaa_basics.html> > state.tx.us/news/efte/hipaa_basics.html > > Gene Gandy > > In a message dated 2/20/07 11:15:41 AM, > southernhillcountye > <mailto:southernhillcountyemsedu%40yahoo.com> > msedu@... > writes: > > > > > Here is a question that I'm not sure if it falls > under a HIPPA > violation or > > not, so need some help. > > > > Can an employer (EMS) send copies of patient run > sheets to TWC as part > of an > > unemployment claim filed by a former employee. > Mind you, the runsheet > > contains all of the pts personall and medical > information. > > > > I say that the company violated HIPPA, as I'm sure > no release was > signed by > > the pt. > > > > Tim > > > > ____________ ________ ________ ________ ________ > ________ > > Don't get soaked. Take a quick peak at the > forecast > > with the Yahoo! Search weather shortcut. > > http://tools. > <http://tools.http:/tools.http:/tools.http:/tools> > http://tools.http://tools.http://tools > > > > [Non-text portions of this message have been > removed] > > > > > > > > ************************************** > Check out free AOL at > http://free. > <http://free.aol.com/thenewaol/index.adp.> > aol.com/thenewaol/index.adp. Most comprehensive set > of free safety and > security > tools, millions of free high-quality videos from > across the web, free > AOL Mail > and much more. > > [Non-text portions of this message have been > removed] > > > > [Non-text portions of this message have been > removed] > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 Gene, I'll buy that, however in this case, if I read correctly. The employee worked for EMS service XYZ and transported a patient plus her newborn child. The employee was terminated, the employee filed a claim with TWC. In an effort to show that the employee was incapable of proper billing, EMS service XYZ forwarded an unedited copy of the run report from the mother and her newborn child to include medical and billing information to Texas Workforce Commission. Texas Workforce Commission would have absolutely no reason to obtain a copy of the run report in its unedited form would they? How could the patients pertinent medical history, billing and demographic information be necessary for filing a TWC claim from either side of the fight? For that matter, how could the patients run report in any form be pertinent? Mike Re: HIPPA Question/Violation Tim, HIPAA does not prohibit sharing of health information on an employee in a legal proceding so long as the information is required by law. However, the minimum necessary rule may apply, which means that only information pertinent to the proceeding may be disclosed without authorization from the employee. For a summary of the law, go to this link: http://www.twc. <http://www.twc.state.tx.us/news/efte/hipaa_basics.html> state.tx.us/news/efte/hipaa_basics.html Gene Gandy In a message dated 2/20/07 11:15:41 AM, southernhillcountye <mailto:southernhillcountyemsedu%40yahoo.com> msedu@... writes: > > Here is a question that I'm not sure if it falls under a HIPPA violation or > not, so need some help. > > Can an employer (EMS) send copies of patient run sheets to TWC as part of an > unemployment claim filed by a former employee. Mind you, the runsheet > contains all of the pts personall and medical information. > > I say that the company violated HIPPA, as I'm sure no release was signed by > the pt. > > Tim > > ____________ ________ ________ ________ ________ ________ > Don't get soaked. Take a quick peak at the forecast > with the Yahoo! Search weather shortcut. > http://tools. <http://tools.http:/tools.http:/tools.http:/tools> http://tools.http://tools.http://tools > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 20, 2007 Report Share Posted February 20, 2007 One other piece is if the information was subpoenaed...often if someone is appealing a decision of the TWC, the information needed is requested in a subpeona of all relevant documents prior to the teleconference or in-person hearing. From my experience. Dudley Re: HIPPA Question/Violation I would say this is definitely a Gene Gandy question. My opinion is that a TWC claim would have nothing to do with being able to bypass the privacy rules for consent for PHI to be released without a patient's consent as it has nothing to do with a life-threatening or public safety threatening issue. However, Mr. Gandy may have a different take so let's see what he has to say when he rises from the dead for the day. LOL Jane Hill HillGandy Associates -------------- Original message from Tim D <southernhillcountye <mailto:southernhillcountyemsedu%40yahoo.com> msedu@...>: -------------- Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. I say that the company violated HIPPA, as I'm sure no release was signed by the pt. Tim __________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools. <http://tools.search.yahoo.com/shortcuts/#loc_weather> search.yahoo.com/shortcuts/#loc_weather Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 21, 2007 Report Share Posted February 21, 2007 See, guys, I told you the lawyer would have MUCH more to say. LOL Jane --------- Re: HIPPA Question/Violation > > Tim, > > HIPAA does not prohibit sharing of health information on an employee in > a > legal proceding so long as the information is required by law. However, > the > minimum necessary rule may apply, which means that only information > pertinent to > the proceeding may be disclosed without authorization from the employee. > > For a summary of the law, go to this link: > > http://www.twc. <http://www.twc.http://wwhttp://www.twhttp://www.twhttp> > state.tx.us/ state.tx. state.tx.us/ sta > > Gene Gandy > > In a message dated 2/20/07 11:15:41 AM, southernhillcountye > <mailto:southernhilmailto:southermailto:sout> msedu@... > writes: > > > > > Here is a question that I'm not sure if it falls under a HIPPA > violation or > > not, so need some help. > > > > Can an employer (EMS) send copies of patient run sheets to TWC as part > of an > > unemployment claim filed by a former employee. Mind you, the runsheet > > contains all of the pts personall and medical information. > > > > I say that the company violated HIPPA, as I'm sure no release was > signed by > > the pt. > > > > Tim > > > > ____________ ________ ________ ________ ________ ________ > > Don't get soaked. Take a quick peak at the forecast > > with the Yahoo! Search weather shortcut. > > http://tools. <http://tools.http://toolshttp://toolshttp://tool> > http://tools.http://tools.http://tools > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 21, 2007 Report Share Posted February 21, 2007 Just making sure I understand the question..... The patient is (was) an EMS employee. Was transported, I assume for an OJI, and has filed a claim with TWC. Am I following correctly, or did I miss something here. It's still early!!!!!!! Tater > > Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. > > Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. > > I say that the company violated HIPPA, as I'm sure no release was signed by the pt. > > Tim > > > > ________________________________________________________________________________\ ____ > Don't get soaked. Take a quick peak at the forecast > with the Yahoo! Search weather shortcut. > http://tools.search.yahoo.com/shortcuts/#loc_weather > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 21, 2007 Report Share Posted February 21, 2007 My understanding is that the patient is not an EMS employee. The employer was using this transport to document that the employee incorrectly filled out a run sheet/billing form in order to show that the EMS employee's discharge was justified. By showing this as being a justifiable termination of employment to the Texas Workforce Commission, they can hold the line on their employment taxes. The question was whether or not there was a HIPPA violation when the employer provided the unedited run sheet to the TWC administrative judge without editing out the patient identifying information. (I need to qualify that I'm no expert in the area of employment/unemployment taxes, in an earlier position I was the employer who had to make my case before the TWC for firing an employee. My boss explained it to me that by showing it was justified, we would not take the hit for the unemployment benefits paid to the terminated employee.) Barry ________________________________ From: texasems-l [mailto:texasems-l ] On Behalf Of E. Tate Sent: Wednesday, February 21, 2007 9:11 AM To: texasems-l Subject: Re: HIPPA Question/Violation Just making sure I understand the question..... The patient is (was) an EMS employee. Was transported, I assume for an OJI, and has filed a claim with TWC. Am I following correctly, or did I miss something here. It's still early!!!!!!! Tater > > Here is a question that I'm not sure if it falls under a HIPPA violation or not, so need some help. > > Can an employer (EMS) send copies of patient run sheets to TWC as part of an unemployment claim filed by a former employee. Mind you, the runsheet contains all of the pts personall and medical information. > > I say that the company violated HIPPA, as I'm sure no release was signed by the pt. > > Tim > > > > __________________________________________________________ > Don't get soaked. Take a quick peak at the forecast > with the Yahoo! Search weather shortcut. > http://tools.search.yahoo.com/shortcuts/#loc_weather <http://tools.search.yahoo.com/shortcuts/#loc_weather> > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 21, 2007 Report Share Posted February 21, 2007 Yep, that's why I never give them the podium.. Re: HIPPA Question/Violation See, guys, I told you the lawyer would have MUCH more to say. LOL Jane --------- Re: HIPPA Question/Violation > > Tim, > > HIPAA does not prohibit sharing of health information on an employee in > a > legal proceding so long as the information is required by law. However, > the > minimum necessary rule may apply, which means that only information > pertinent to > the proceeding may be disclosed without authorization from the employee. > > For a summary of the law, go to this link: > > http://www.twc. <http://www.twc. <http://www.twc.http:/wwhttp:/www.twhttp:/www.twhttp> http://wwhttp://www.twhttp://www.twhttp> > state.tx.us/ state.tx. state.tx.us/ sta > > Gene Gandy > > In a message dated 2/20/07 11:15:41 AM, southernhillcountye > <mailto:southernhilmailto:southermailto:sout> msedu (AT) yahoo (DOT) <mailto:msedu%40yahoo.mse> mse > writes: > > > > > Here is a question that I'm not sure if it falls under a HIPPA > violation or > > not, so need some help. > > > > Can an employer (EMS) send copies of patient run sheets to TWC as part > of an > > unemployment claim filed by a former employee. Mind you, the runsheet > > contains all of the pts personall and medical information. > > > > I say that the company violated HIPPA, as I'm sure no release was > signed by > > the pt. > > > > Tim > > > > ____________ ________ ________ ________ ________ ________ > > Don't get soaked. Take a quick peak at the forecast > > with the Yahoo! Search weather shortcut. > > http://tools. <http://tools. <http://tools.http:/toolshttp:/toolshttp:/tool> http://toolshttp://toolshttp://tool> > http://tools. <http://tools.http:/tools.http:/tools> http://tools.http://tools > > > > Quote Link to comment Share on other sites More sharing options...
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