List Archives

Sat Oct 31 04:01:27 GMT 2009

someone has already mentioned 'covered entity,' but there is also the idea  
of 'inside information'...and it was not the mention of  the 'retrohepatic 
cava' that caused the problem, but the other information  (age, sex, 
location) that potentially put him afoul of state and federal law.  While not as 
public as some of the other mailing lists I am on, this list is  potentially 
available to unfriendly eyes (including some of the folks in the  legal and 
legislative fields), so care must be taken.

If you don't understand how HIPAA and (more importantly) other privacy laws 
 can impact even 'curbside consultations' (of which this list falls under  
the heading), then you might want to check with your nurse manager for more  
details. I know that every year since HIPAA first came into being (even 
*before*  it became law), I've been required to review material on it, and 
certify that I  understand it...including the need to take appropriate measures 
to insure the  privacy of any communications with others that contain 
potentially identifying  patient information. among other points that have been 
repeatedly made (by the  folks with the dark suits and narrow ties) is that 
any time you describe a  patient's case in an email, you are potentially 
compromising information.

this also includes not discussing cases while in the elevator with  your 
partner...That being said, because of the wide publicity of this case in  the 
general news, I suspect that Dr. Teperman's information did not  actually 
violate any confidentiality. 

ck

In a message dated 10/30/2009 21:45:14 Central Standard Time,  
talwest at mac.com writes:

So wait,  let me get this straight.

The New York Daily News, with whatever its  circulation is, can publish  
her name, age, specific injury (the  article said the bullet "pierced  
her lung"), next of kin's name. But  if Dr. Teperman mentions in  
passing the words "retrohepatic cava" to  the thirty-two or so of us  
that read his post, you're gonna jump all  over him for a HIPAA  
violation?

Spare me your bluster,  please.

T. Al West, MD
Acute Surgical Care Specialists
Plano,  TX

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