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AR15.COM
3/13/2003 11:27:35 AM EDT
What the hell is this all about? Some of the guys at work are saying that we cant even talk about calls we had even if we dont use names or addresses! I have been reading through what I could find on this on the Federal Register, and havent been able to find anything pertaining to EMS.

Anyone know what this is all about?
3/13/2003 4:27:16 PM EDT
[#1]
HIPAA (Health Insurance Porrtability and Availability Act) is administered by the CMS (Centers for Meddicare and Medicaid Services)

The CMS website is found at:

     http://cms.hhs.gov/hipaa/

Off-hand, I don't know if HIPAA applies to EMS, but it does apply to most areas of health care.  
3/14/2003 6:37:06 AM EDT
[#2]
Check this out:



  [url]http://www.pwwemslaw.com/[/url]



I've attended conferences where these guys present a legal update, and some of the stuff is a little ridiculous.
3/16/2003 9:18:01 AM EDT
[#3]
Thanks for the info guys.
3/25/2003 2:41:28 PM EDT
[#4]
Just had our HIPAA class here at the Dept.
(never knew Jim Page of JEMS was a lawyer...oh well)

Here's our version...obviously subject  to change

You can talk about calls in house, to other personnel, but not if there are outside agencies (non-medical) present...and you should avoid the use of names or "other individually indentifiable information" (ie SSN's & addresses) during such discussions.

You can tell the ER/ESD what you have, what the pt. has, and what you saw and did on scene and in route. Don't shout "HEY, JOE BLOW HAD AIDS...BETTER PUT YER GLOVES ON!" across an open ER (duh)[whacko]. When you call the ER/ESD with your pt info, use the most secure means you have available (cell vs. radio), and avoid using names and addresses on the air(I was told that in my EMT-A class back in the paleolithic era!)

The biggest problem is gonna be sharing "confidential" information with PD. Supposedly they can't come over and even get a name & address from you, much less see a run sheet...it's all supposed to be by subpoena now.

OF COURSE, if they happen to be in the ambulance when the pt. admits DUI, well...

(Our cops have been pretty cool - they know that what the pt tells us is inadmissible for prosecution (pt-provider confidentiality), but not even being able to give basic info is gonna suck.)

You can give info if the cops were actively performing first responder activities on scene, so, tell the cops to show up with a band-aid or something [;)]!

BTW - don't leave your run sheets out in the open for everybody to see.

So far, the biggest PITA is going to be providing the "patient rights and privacy statements" to all of our pts - even AMA's. More unfunded gov't BS mandates...
3/27/2003 7:06:28 PM EDT
[#5]
Tango 7 summed it up fairly well.  I must however add one comment, HIPAA will turn out for lawyers to be another ADA type monetary retirement funding program.  You gotta love it when the goverment steps in to help.