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Home > Law > Other Law   »   HIPPA violation?

 
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Old Mar 9, 2008, 10:29 AM
radtech141
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HIPPA violation?

Before I explain, I'm pretty sure this is a definite HIPPA violation but when I went to my manager he shrugged it off. First of all, I work as an x-ray tech. I and others I work with have witnessed our dark room assistant in our waiting areas discussing with patients why they are there, their conditions, what is on their x-rays. Patient contact is not in this persons job description. We as rad techs aren't even allowed, by law, to discuss what is on a patients films. Yet she is out there discussing how bad a fracture someone has or this or that. She doesn't know a femur x-ray from an arm x-ray, or any clue at all as to what she is looking at anyway. She will also peek into exam rooms if there is a baby screaming or a patient in pain. Again this is none of her business and is invading on the patients privacy. I am tired of going out to release my patient and having her discussing the patients findings with them. Can someone confirm that this is indeed a definite HIPPA violation and if my manager doesn't care, do I then go straight to HR?

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Old Mar 9, 2008, 03:33 PM   #2  
froggy7
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I'm not sure it's a HIPAA violation if she is discussing the patient's case with the patient. However, if the person is giving medical information that they are not trained to give, your company is laying itself open to a malpractice suit, if they tell the patient something that adversely affects their medical treatment. That's what I would be concerned about.
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Old Mar 9, 2008, 03:40 PM   #3  
Fr_Chuck
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Since they are talking to the actual patient, this most likely is not a HIPPA violation, esp if the patient does not mind talking about it.

If they are given medical advice, they may be practicing medicine without a license and /or they may be making the faciliity liable for any wrong info they give. they are for sure breaking policy. if they were to tell another person, abot that persons xray, then it would be HIPPA violation.
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Old Mar 9, 2008, 04:29 PM   #4  
radtech141
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This person I speak of has no healthcare qualifications, their sole job in the work place is to develop film. Like I said, patient contact is not in their job description. After seeing a fracture on an x-ray or something of importance that we point out amongst ourselves (rad techs) while evaluating films, this person will sometimes be found in the waiting room discussing what is on their films. I have heard her say to one child, "oh that is such a bad break you have", among other things. In my mind, infringing on the patients privacy and she is not qualified to discuss patient results. I have a license to take x-rays and I don't even have that right.
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Old Mar 9, 2008, 04:36 PM   #5  
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I agree with the others, but if she is discussing details in the waiting room where other people can hear, then a HIPAA violation may exist. But in any case its clearly a breach of medical ethics.

I would go back to the manager and tell him if he doesn't stop it, he's opening the firm up for a lawsuit. Tell him if he doesn't take action, you willbe forced to bring this to his supervisor.
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