HIPAA Covered Entities

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kaiasgram
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HIPAA Covered Entities

Post by kaiasgram » Sat May 09, 2015 2:10 pm

In a current thread someone has expressed concern that either forum members or the owners of this site could be in violation of HIPAA regulations. Since this concern has come up on other occasions as well I wanted to post the correct information in a separate thread. To be subject to HIPAA laws one has to meet the definition of a covered entity:

Covered entities are defined in the HIPAA rules as (1) health plans, (2) health care clearinghouses, and (3) health care providers who electronically transmit any health information in connection with transactions for which HHS has adopted standards. By transactions they refer to electronic billing for services. In other words, one must be acting in their professional capacity as a health care provider AND transmitting health information as part of a process of electronic billing.

Here's a good visual from the CMS.gov website:

Image

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Re: HIPAA Covered Entities

Post by avi123 » Sat May 09, 2015 2:39 pm

so are posters in this website covered or not? other websites where posters gave financial advice some of them were taken to court and were found liable to pay damages.

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Re: HIPAA Covered Entities

Post by chunkyfrog » Sat May 09, 2015 2:46 pm

So, the key is money.

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Re: HIPAA Covered Entities

Post by kaiasgram » Sat May 09, 2015 2:59 pm

avi123 wrote:so are posters in this website covered or not? other websites where posters gave financial advice some of them were taken to court and were found liable to pay damages.
No. HIPAA laws do not apply to posters here on the forum. The cases you refer to probably have to do with other legal issues or even civil matters. Just not HIPAA specifically.

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Re: HIPAA Covered Entities

Post by avi123 » Sat May 09, 2015 3:09 pm

kaiasgram wrote:
avi123 wrote:so are posters in this website covered or not? other websites where posters gave financial advice some of them were taken to court and were found liable to pay damages.
No. HIPAA laws do not apply to posters here on the forum. The cases you refer to probably have to do with other legal issues or even civil matters. Just not HIPAA specifically.
What about posters on this board who give advice such as for an example, robysue, who often links to other websites to read her advice, there. Could they be taken to court and found liable?

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BlackSpinner
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Re: HIPAA Covered Entities

Post by BlackSpinner » Sat May 09, 2015 3:38 pm

avi123 wrote:
What about posters on this board who give advice such as for an example, robysue, who often links to other websites to read her advice, there. Could they be taken to court and found liable?
Not for Hipaa violations but they could be charged for giving medical advice if they are not careful how they phrase it. But all she has to due is put in her tag line that it is not medical advice just personal experience.

ETA: At the bottom of the forum page it says
The information provided on this site is not intended nor recommended
as a substitute for professional medical advice.

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Re: HIPAA Covered Entities

Post by Sonnyboy » Sat May 09, 2015 4:42 pm

kaiasgram wrote:In a current thread someone has expressed concern that either forum members or the owners of this site could be in violation of HIPAA regulations. Since this concern has come up on other occasions as well I wanted to post the correct information in a separate thread. To be subject to HIPAA laws one has to meet the definition of a covered entity:

Covered entities are defined in the HIPAA rules as (1) health plans, (2) health care clearinghouses, and (3) health care providers who electronically transmit any health information in connection with transactions for which HHS has adopted standards. By transactions they refer to electronic billing for services. In other words, one must be acting in their professional capacity as a health care provider AND transmitting health information as part of a process of electronic billing.

Here's a good visual from the CMS.gov website:

Image
Please do not misquote me.

I expressed no concern that forum members [in general or in particular] could be in violation of HIPAA regulations.
I expressed no concern that the owners of this site could be in violation of HIPAA regulations.

I did say: "I wonder about HIPPA violations also but I am not sure about this?????"
I did say "I am just saying HIPPA has crossed my mind as something to think about."
I did say "Clearly therapeutic relationships are developing and diagnoses have been alluded to by forum members. Someone sent Enchanter an Ambien, may or may not have been someone on this forum, the sender likely now knows his name."

When communicating through social media I become concerned when there is dialogue between someone and a possible healthcare professional that leads to that someone becoming personally identifiable on the site. The person can provide all the personal information they would like, even their social security number, but the professional needs to be careful what they add. HIPPA is extremely complex. Even with the one page you have provided and the 9 pages I am now providing there is much much more to know. HIPPA is something to think about if you are a health care professional contributing to a blog, a forum, facebook, twitter, etc.

Go to or google : Covered Entity Charts - Centers for Medicare & Medicaid ...
to find the complete set of "visuals" . There are another 9 pages. Within the 10 pages you will find some definition of terms.

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Re: HIPAA Covered Entities

Post by BlackSpinner » Sat May 09, 2015 4:54 pm

Meh - many of us are not in the USA so are safe.

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Re: HIPAA Covered Entities

Post by palerider » Sat May 09, 2015 5:00 pm

BlackSpinner wrote:Meh - many of us are not in the USA so are safe.
OHHH! you canadians! *shakes fist* thinking you're all above us...

WELL, THAT'S ONLY IF YOU PUT YOUR MAP ON THE WALL THE RIGHT WAY UP!

(oh, and not counting those bits of canada that dip down below the big flat part)

I'll fix your maple leaf covered little red wagons!

Image

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Last edited by palerider on Sun May 10, 2015 6:15 pm, edited 1 time in total.
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Accounts to put on the foe list: dataq1, clownbell, gearchange, lynninnj, mper!?, DreamDiver, Geer1, almostadoctor, sleepgeek, ajack, stom, mogy, D.H., They often post misleading, timewasting stuff.

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Re: HIPAA Covered Entities

Post by zoocrewphoto » Sun May 10, 2015 1:43 am

avi123 wrote:so are posters in this website covered or not? other websites where posters gave financial advice some of them were taken to court and were found liable to pay damages.

Hippa is about the personal health information of a person. Not advice.

In other words, a pharmacy can't tell somebody else your personal information (prescription, address, etc). A doctor cannot give your information to somebody unless you sign a release.

It has nothing to do with somebody giving advice. That issue would be if somebody claimed to be a medical provider and offered medical advice. For example, somebody offering their services as a doctor, but not having a license. Totally different situation. It is well known that we are not doctors here, and anybody receiving advice needs to weigh it and make their own decision, not follow blindly.

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Re: HIPAA Covered Entities

Post by Sir NoddinOff » Sun May 10, 2015 8:45 am

Thanks kaiasgram and all the other people replying... a confusing subject but at least some things are being cleared up. I love the improved Canada/US map. It's really mind-twisting to see it like that

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Re: HIPAA Covered Entities

Post by BlackSpinner » Sun May 10, 2015 9:09 am

palerider wrote:
I'll fix your little red maple leaf covered wagons!
Hey You cut a large chunk of it Off! You missed a quarter of my province and all the Yukon, NWT and Nunavut and Baffin Island!

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Re: HIPAA Covered Entities

Post by palerider » Sun May 10, 2015 9:48 am

BlackSpinner wrote:
palerider wrote:
I'll fix your little red maple leaf covered wagons!
Hey You cut a large chunk of it Off! You missed a quarter of my province and all the Yukon, NWT and Nunavut and Baffin Island!
so, what, you're saying I need a bigger tablet to look at all of canada down there?

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Accounts to put on the foe list: dataq1, clownbell, gearchange, lynninnj, mper!?, DreamDiver, Geer1, almostadoctor, sleepgeek, ajack, stom, mogy, D.H., They often post misleading, timewasting stuff.

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Re: HIPAA Covered Entities

Post by Sonnyboy » Sun May 10, 2015 10:05 am

Bringing up HIPAA has gotten some people upset and I apologize for that and very possibly HIPAA does not apply and I used that term incorrectly.

I will try to explain my concern differently.

My concern really only applies to licensed professionals if they exist on this forum whether they have identified their license or not.

The original poster can post very private information on a forum if they choose.

Over the course of time of an online relationship the original poster may add more signs/symptoms and so on. When this information is grouped together and someone other than the original poster forms a diagnosis and posts this diagnosis on line, then to me this may be a potential problem to the original poster, particularly if it is a psychological diagnosis and an employer, potential employer, or insurance agency sees the diagnosis and recognizes the original poster.

I believe Enchanter is very recognizable.

This post is only meant to be food for thought.

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Re: HIPAA Covered Entities

Post by palerider » Sun May 10, 2015 10:45 am

Sonnyboy wrote:My concern really only applies to licensed professionals... Over the course of time of an online relationship the original poster may add more signs/symptoms and so on. When this information is grouped together and someone other than the original poster forms a diagnosis and posts this diagnosis on line, then to me this may be a potential problem to the original poster, particularly if it is a psychological diagnosis and an employer, potential employer, or insurance agency sees the diagnosis and recognizes the original poster. ...
well, at least one, if not multiple, acknowledged licensed professionals has stated, multiple times, that we should back away from all of this, and stop feeding into it.

something I got criticized for attempting to remind people of.

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Accounts to put on the foe list: dataq1, clownbell, gearchange, lynninnj, mper!?, DreamDiver, Geer1, almostadoctor, sleepgeek, ajack, stom, mogy, D.H., They often post misleading, timewasting stuff.