[erssonline]

Is it a HIPAA violation to ask if someone has diabetes or cancer?

[twinkiedooter]

Who is asking the question?

[joypulv]

It depends. What is the status of the person doing the asking, and the one being asked, and what is the place and situation?

[erssonline]

We have advocates on staff that help individuals with finding programs and other types of assistance when they cannot afford medications or procedures. I am putting together a questionnaire for a free consultation and one of the questions is "Do you or anyone you know have Diabetes?" The same question would be asked about cancer. This will be used to channel individuals with the need for the assistance to our advocates.

[joypulv]

If this questionnaire is not related to employees, students, clients, or any other type of relationship, then it sounds fine. But I would avoid asking about anyone else they know if there's a place for answers. You could add that as a sentence somewhere on the page rather than a question. What if someone writes down an actual name of a relative or friend who doesn't want it done?

I wouldn't have it be a questionnaire right from the beginning. I would present it as a list of conditions for which you can provide guidance and help, and have an intake person direct the person to a certain advocate. We all have worries about papers floating around with personal information on it, being opened in a mail room, or even just sitting exposed on a desk when someone else might be peering at it. The specifics should be written down when in a more private meeting with the advocate.

[ScottGem]

Just make sure you leave a choice for prefer not to answer. There is no problem in asking the question of the individual with the condition, especially since the purpose is to provide them with services. The HIPAA violation would be if you asked their doctor for the information without their permission.

However, you need to be careful that you keep this information confidential. Your agency might get in trouble if you reveal this info to 3rd parties without permission.

[AK lawyer]

One does not violate HIPAA by requesting information. A violation happens by disclosing information, if you are a health care provider.

[ScottGem]

one does not violate HIPAA by requesting information. a violation happens by disclosing information, if you are a health care provider.

A HIPAA violation can also occur if someone accesses medical information without the right and permission to do so. Not that the OP is doing that.

[ballengerb1]

ASKING does not constitute a HIPAA violation. However, you have not fully explained who you are or exactling what type of business this is. Your questionnaire should be run by your legal department if you have one. If not, consult an attorney for proper wordsing. Why not have a check list and just ask "would you like additional information on:
Diabetes_____
Cancer______
Arthritis____
etc...