Hipaa Home Health
hipaa home health
My bosses mother is possibly violating hipaa!?
I work for a small medical clinic, owned by a PA, his family is very involved, even though they are not health professionals. The PA’s mother acts as our accounts receivable dept. even though she isn’t technically an employee. She insists on recieving faxes containg PHI (protected health information) at her home instead of our office! Is this a violation of HIPAA? She also sits at our office one day a week, and constantly talks about one patient with another, leaves the patient schedule out for the world to see, and also leaves patient charts out. I have spoken with her about this, and she says “oh its a small town, no one cares” well i care as I am the supervising RN of this clinic! I don’t want to put in a formal complaint, because I’m scared of losing my job, but feel there is no other way to solve this issue! Help!!!!
1. If she has a right to receive the faxes which it sounds like she does. She can get them at home or at work. Using an efax type fax number, she can get them anywhere.
- this is completely legal.
What would not be legal, is allowing other people to see these faxes who do not have a need to know.
2. When she talks to one patient about another patient, it really depends on what she says. If she says “we had a patient in here the other day with your same symptoms” and it’s on way to know who she is talking about, then it’s not a violation of HIPAA.
If she says “John was in here the other day with these symptons” or “the minister at the baptist church” = things that you can actually tell who the person is, it is a violation of HIPAA.
3. If you say, “she leaves the patient schedule out for the world to see”, it would depend on the world – is it all the other staff who already knows who is coming & going – it’s completely fine.
- If she is leaving it the lobby, it is probably a problem.
- If she has it on her desk and her desk is not the front counter, it’s probably not a problem.
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