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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

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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

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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

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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

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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

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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

>

>

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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

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Share on other sites

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

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Share on other sites

>>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/

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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

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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

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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

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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

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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

>

>

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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]

>

>

>

>

>

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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

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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

> >

> >

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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

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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

>

>

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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

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Share on other sites

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

> >

> >

Link to comment
Share on other sites

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

>

>

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Share on other sites

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>

>

>

Link to comment
Share on other sites

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

> >

> >

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