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    curious1941's Avatar
    curious1941 Posts: 2, Reputation: 1
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    #1

    Oct 9, 2009, 10:52 AM
    HIPPA Violation
    At an assisted living facilty we have a monthly calendar that list the 1st name, last initial of residents who reside there. This is not a nursing home. Also listed is the day and year, for example: Happy Birthday to Betty B - 3, 1918.

    Would this be considered a this a violation of HIPAA?
    Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 9, 2009, 11:09 AM

    Not even close. There is no medical information being revealed. Why would you even think this constitutes a HIPAA violation?
    curious1941's Avatar
    curious1941 Posts: 2, Reputation: 1
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    #3

    Oct 12, 2009, 10:34 AM
    Quote Originally Posted by ScottGem View Post
    Not even close. There is no medical information being revealed. Why would you even think this constitutes a HIPAA violation?
    Thanks Scott,

    I thought so but because I placed the year on the calendar someone told me that that along with a 1st name and last initial and day of month constituted enough information provided to reveal a way to gather medical information. I disagreed.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 12, 2009, 01:27 PM

    That's not the issue. Did the residents not give you permission to put their info? Did someone think that visitors were going to take down info on this board and try to find medical records because of it? Whoever told you that doesn't understand what HIPAA is about. You should direct them to the HIPAA website.

    The main thrust of HIPAA is that it prohibits anyone who works for or with a medical provider from revealing information about a patient's diagnosis and treatment to a third party without permission.

    I don't see anywhere you came close to doing that.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Oct 12, 2009, 06:35 PM

    An assisted living is like an apartment complex, so unless they gave permission to list their birthdays, you may have some issues, but not from medical records
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 12, 2009, 07:01 PM
    Quote Originally Posted by Fr_Chuck View Post
    An assisted living is like an apartment complex, so unless they gave permission to list thier birthdays, you may have some issues, but not from medical records
    I disagree. An assisted living facility is still more of a care facility than an apartment complex. There is a very clear social aspect that is part of the assisted living experience. Permission to do things like would be implied if not expressly given as part of the residential agreement.
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