If a medical Transcriptionist speaks to a patient whom he knows casually -
and about whom he has transcribed a chart note - about that patient's physical condition, is the Transcriptionist in violation of HIPAA?
. The patient did not directly tell the Transcriptionist about the physical condition
. The patient did know the Transcriptionist works for their provider as a Transcriptionist
. The Transcriptionist was offering the patient info about pain relief that is "alternative" to what physician was offering
Also, any other info/comments beyond what I'm asking, about this situation?
18JustAsking18:

Fr_Chuck

The transcriptionist could be "practicing medicine without a license"
But if they had permission to read the files, they did nothing wrong, and they did not tell anyone about it ( taling to the actual patient is not telling anyone else)

LearningAsIGo

A transcriptionist typed a letter about Joe. Then saw Joe and talked about what they typed, offering information. (Is this what you're saying?)

If this is the case then yes, its a violation. A transcriptionist is forbidden from talking to anyone about anything they typed and/or heard even if they are talking to that very patient.

J_9

Yes as LAIG suggested, it is a HIPAA violation.

When working with any medical records in any way, shape, form or fashion, you are bound by certain laws. You cannot discuss the medical condition, treatment, etc with anyone and that includes the patient.

I will also agree with Fr. Chuck in that you may be accused of practicing without a license since you do not have sufficient medical background to offer alternative treatments.