Hipaa Consent
hipaa consent
California wiretapping question?
I am a federal employee (civilian) and work at a military hospital on a military installation. I have a pen I use for personal note taking and things I wish to follow up on. I had an instance where my pen was accidently in the record position for about 6 hours. I was having a conversation with a military co-worker where he made some statements that strongly suggest he has knowledge of my private medical information. (HIPAA, Invasion of Privacy) Shortly after leaving him I reached for my pen to make a mental note of what just happened. I then realized that it was on and had recorded the entire event. I am in California where there is 2 party consent but does this apply on federal land or that it was obtained unintentionally in a hallway conversation?
Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a “one-party consent” law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation. Furthermore, if you are not a party to the conversation, a “one-party consent” law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.
BUT then this recording could only be used in a federal prosecution, not in any type of state action. You could not file a civil suit using this recording, according to state law it was obtained illegally. You also better have allot of evidence before you start claiming that this person violated HIPAA. Are your records in that system? Is this person a person who has worked with your doctor, and therefore could legally have access? How are you going to prove they accessed your medical records? Have you ever talked to anyone about the condition this person has knowledge of? Just things you need to consider.
KFW | Twila Brase Citizens Council for Health Freedom | 651.646.8935 | Part 2
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Ensuring a Hipaa-Compliant Informed Consent Process by Eileen Hilton M.D. and… $14.99 |
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Ensuring a HIPAA-Compliant Informed Consent Process by Kimberly Irvin 1930624395 $4.97 |
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The Paper Office, Fourth Edition: Forms, Guidelines, and Resources to Make Your Practice Work Ethically, Legally, and Profitably (The Clinician’s Toolbox) $58.33 Providing essential recordkeeping and risk-reduction tools that every psychotherapy practice needs, this highly practical resource is now in a fully updated fourth edition. It is ideal for new practitioners who want to hit the ground running and for seasoned pros who want to streamline their paperwork and clinical efficiency. Presented are methods for assuring informed consent and documenting trea… |
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Ensuring a HIPAA-Compliant Informed Consent Process $0.50 The new HIPAA regulations will substantially impact clinical research activity – most notably the informed consent process. This new guidebook from CenterWatch is designed to assist clinical research professionals in complying with the new and final HIPAA regulations. Ensuring a HIPAA-Compliant Informed Consent Process – both an instruction manual and reference resource — provides detailed gui… |
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sThe privacy of health information: consents and authorizations under HIPAA.(Health Insurance Portability and Accountability Act of 1996): An article from: Florida Bar Journal $5.95 This digital document is an article from Florida Bar Journal, published by Florida Bar on May 1, 2002. The length of the article is 3736 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.Citation DetailsTitle: sThe privacy… |
