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Thread: Hipaa violation?

  1. #1
    Junior Member
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    Hipaa violation?

    Hello all

    I had a question regarding Hipaa..I work in home care and was just informed from the nice people over at 'CareStar' Waiver program that if any of our employees gets a ride to their patient's home; that is considered a violation. Even if its a cab, bus, or my dear husband. I want to see that rule or violation in black and white. Has anyone heard of this and/or could send me the rule..

    And yes, my agency is getting a cease and desist letter because one of our home health aide had her boyfriend drop her off at work during that crazy snow storm a couple of weeks back.-

    Thank you
    Cleveland LPN

  2. #2

    Re: Hipaa violation?

    Well, I'm not in the Nursing field, but... I can definitly see that being a violation. When you accept a position providing in home care, or a health care provider offers in home care, either the both of you accept that responsibility of getting yourself there, or someone within your company getting you there, or you hire attourneys that can construct a waiver of privacy due to unforseen circumstances such as weather. If the person you are caring for is that ill that they could not be without in home care for a day, or two, then they would have to realize there may be the need for alternative transportation for the care provider, and it might risk privacy.

    Then again, the provider should have a plan in place when a particular person cannot make it to the patient.
    .

  3. #3
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    Re: Hipaa violation?

    Dear Cleveland LPN,
    Getting a ride to work is not a HIPAA violation- wherever you are being dropped off. The HIPAA legislation was created to protect patients rights by granting access to their health information and control over how it will be used. It protects security and privacy of all medical records and other health information. It was intended to improve the efficiency and effectiveness of care delivery not to impede. Somehow, in some cases, it has been totally blown out of it's original perspective such in this particular case. No judge would rule this a violation and if your Home Health Agency finds this a violation, then perhaps it is time to seek another employer who actually knows what they are talking about.
    Best Wishes,
    Ms Matrix

  4. #4

    Re: Hipaa violation?

    I am new to the site, but from the knowledge that I have acquired, it would seem that this is not true. Isn't the purpose of hipaa to protect the privacy of your client. If you are being dropped off and or picked up by someone, this does not infer that the clients private information, name along with address or any other information, has been shared with someone who is not a part of the healthcare team. Can you tell me more about becaming a nurse with Carestar. I am lloking for a client as well as a RN supervisor.

  5. #5
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    Red face Re: Hipaa violation?

    Somebody has too much time on their hands and their imagination is running wild. Getting to and from work does not have a thing to do with HIPAA. However, having access to a piece of paper, say in home care, a copy of the 485, plan of care, that gives the patient's name, address, and other identifying data, would be a HIPAA violation. The caregiver has no reason to pass such information to anyone who is giving them a ride or who lives with them. If you carry written information with patient identifiable information on it, you are supposed to keep it hidden from view in a closed binder or folder, and do not leave it lying around unattended. I would look for an agency that does not interfere with their employees transportation to and from work. These people sound too trifling.

  6. #6
    Senior Member Marie_LPN's Avatar
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    Re: Hipaa violation?

    Quote Originally Posted by pixiedust View Post
    Hello all

    I had a question regarding Hipaa..I work in home care and was just informed from the nice people over at 'CareStar' Waiver program that if any of our employees gets a ride to their patient's home; that is considered a violation. Even if its a cab, bus, or my dear husband. I want to see that rule or violation in black and white. Has anyone heard of this and/or could send me the rule..

    And yes, my agency is getting a cease and desist letter because one of our home health aide had her boyfriend drop her off at work during that crazy snow storm a couple of weeks back.-

    Thank you
    Cleveland LPN
    Never heard of this rule, and i can't imagine that some other people who work in home health have NEVER had to get a ride for work.

    I mean, if the boyfriend came into the house, then, yes, i'd say violation, but last i checked, there's not that much info on someone's driveway or on someone's mailbox.
    [FONT=Comic Sans MS][U][B]Marie[/B][/U], RN in O.R, pursuing BSN, semester [U]?[/U] of [U]?[/U]:)[/FONT]

    [FONT=Comic Sans MS][B]Supposedly 8 out of 10 people suffer from hemorrhoids. Does that mean that the other 2 people [I]enjoy[/I] them???:confused:[/B][/FONT]
    [B][FONT=Comic Sans MS][/FONT][/B]
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