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    kdiazreid's Avatar
    kdiazreid Posts: 1, Reputation: 1
    New Member

    Mar 11, 2013, 08:23 PM
    If a Home Health Nurse has her spouse drive her to her patient\'s home (home visits)
    If a Home Health Nurse has her spouse drive her to her patient's home (home visits) and remains in the car during the visit... Is this a violation of HIPPA. Is this a violation of title 22 regulation
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
    Ultra Member

    Mar 12, 2013, 02:11 AM
    Doesn't sound like a violation to me, any more than if spouse drops off a nurse at a hospital or Dr's office to work. It is up to her employer to set up regulations that guarantee protection of patient records and compliance with HIPAA the way I understand it.
    If you are asking about a fellow employee's actions, you should be able to research the company or government agency policy- the policy that they had to develop to comply with HIPAA. For example, they could have a policy that paper records not be taken to home visits but instead provide secure laptop computers to provide access to patient records when it is necessary during visits.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert

    Mar 12, 2013, 03:08 AM
    It's certainly not a HIPAA violation. I don't know what title 22 is.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Mar 12, 2013, 03:12 AM
    This does not reveal anything about the patient's diagnoses and/or treatment, so no, there is no violation.
    tickle's Avatar
    tickle Posts: 23,800, Reputation: 2674

    Mar 12, 2013, 06:55 AM
    Confidentiality laws must vary between countries because as a healthcare worker visiting clients in the community, spouses, partners are not to be privy to where clients live, nor allowed to act as chauffeurs and/or wait outside the house. We are not to discuss clients in our own home. That is just the way it is and understood.

    This may not be governed by HIPAA, but would certainly mean a reprimand.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
    Ultra Member

    Mar 12, 2013, 03:14 PM
    From: Guidance Regarding Methods for De-identification of Protected Health Information in Accordance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule

    ' Protected Health Information

    The HIPAA Privacy Rule protects most "individually identifiable health information” held or transmitted by a covered entity or its business associate, in any form or medium, whether electronic, on paper, or oral. The Privacy Rule calls this information protected health information (PHI)2. Protected health information is information, including demographic information, which relates to:

    -the individual's past, present, or future physical or mental health or condition,
    -the provision of health care to the individual
    -the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe can be used to identify the individual. Protected health information includes many common identifiers (e.g. name, address, birth date, Social Security Number) when they can be associated with the health information listed above. '...

    Based upon the above, at least in some cases, it may very well be a violation in the U.S. It is difficult to drive to a residence and not have access to the address, but an address itself does not identify the patient without further investigation. The provider is supposed to have established policy to ensure compliance. If a company or agency provides home care, their policy should be based on the actual regulation, and should provide the answer to your question.

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