I Hate Dialysis Message Board

Dialysis Discussion => Dialysis: General Discussion => Topic started by: JasonEb on May 13, 2011, 11:47:09 PM

Title: Are patients bound by HIPAA?
Post by: JasonEb on May 13, 2011, 11:47:09 PM
Are patients in a dialysis unit bound by HIPAA, as in do the patients have to follow the same HIPAA regulations that healthcare providers do?
Title: Re: Are patients bound by HIPAA?
Post by: cattlekid on May 14, 2011, 04:44:15 AM
I'm not sure what you mean by your question. 

To me, there is zero privacy in a dialysis unit.  We have to discuss our medical issues with the staff out in the open during our treatment.  You would think that with all of the HIPPA rules in place, this would no longer be the case, but it doesn't seem to be.  It's one of my pet peeves about in-center HD.
Title: Re: Are patients bound by HIPAA?
Post by: jbeany on May 14, 2011, 08:58:45 AM
If you mean are we required to keep our mouths shut about what we over-hear, the answer is no. 

Dialysis isn't the only place with issues about patient privacy, though.  I love how whenever I go for surgery, we're all lined up in a row, with only the curtains between us, and families and friends waiting with patients.  Then in pops a nurse, who wants to know your name, addy, SS#, telephone, and insists that you tell her exactly what procedure you are there for, so she can be sure you understand what you are signing permission for.

 If there was anything that was actually private, I wouldn't have the very distinct memory of the male patient several beds down yelping, "You have to shave where?!"
Title: Re: Are patients bound by HIPAA?
Post by: noahvale on May 14, 2011, 09:43:44 AM
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Title: Re: Are patients bound by HIPAA?
Post by: JasonEb on May 16, 2011, 03:06:41 AM
Thanks for the answers.  I probably needed to be a bit more specific.

Am I allowed to take notes at the unit, either about my own treatment or observations made around the treatment floor?

Am I allowed to take pictures?

This is with the assumption that there is no specific unit policy about the matter...I am just wondering if this is a HIPAA violation if a patient does these things.

Thanks again for all the great answers!
Title: Re: Are patients bound by HIPAA?
Post by: PatDowns on May 16, 2011, 03:48:08 AM
You can take notes either about your treatment or what you see happening in the unit.  However, you better be extremely careful if you see something not right happening to another patient.  DO NOT use that patent's name.  Refer to him/her as "the patient in Station #1 on Friday, May 13...."  If you do not know the Station #, but do know the machine number, say "the patient on machine #3 - 3 rd one from the door on the right as you look into the treatment area..."  Machines are moved around, station #s remain constant.

Taking photos is not allowed, especially if other patients/staff members are in them.  The large chains all have this provision in their rules and regulations form.  The rationale is for patient confidentiality.  However, it is really to protect the facility from having visual corroboration of a problem.   Contact your regional ESRD Network for clarification.

I'm assuming you are having quality of care issues with the facility.  Have you taken them up with the administrator and the medical director? 

Thanks for the answers.  I probably needed to be a bit more specific.

Am I allowed to take notes at the unit, either about my own treatment or observations made around the treatment floor?

Am I allowed to take pictures?

This is with the assumption that there is no specific unit policy about the matter...I am just wondering if this is a HIPAA violation if a patient does these things.

Thanks again for all the great answers!
Title: Re: Are patients bound by HIPAA?
Post by: jbeany on May 16, 2011, 12:32:56 PM

This is with the assumption that there is no specific unit policy about the matter...I am just wondering if this is a HIPAA violation if a patient does these things.


I took pics of myself in the unit - to add to the post I had going on here about my first day.  But it was just of me. 

To be technical - you taking pics of other patients wouldn't violate HIPPA.  The clinic letting you do so would mean THEY were violating the policy.
Title: Re: Are patients bound by HIPAA?
Post by: lawphi on May 16, 2011, 04:09:18 PM
Jbeany- you would be a darn good attorney.....
Title: Re: Are patients bound by HIPAA?
Post by: Lillupie on May 16, 2011, 07:10:04 PM

 If there was anything that was actually private, I wouldn't have the very distinct memory of the male patient several beds down yelping, "You have to shave where?!"
[/quote]

 :rofl; :clap; too funny

Lisa
Title: Re: Are patients bound by HIPAA?
Post by: jbeany on May 16, 2011, 08:06:33 PM
Jbeany- you would be a darn good attorney.....

Working on a paralegal certificate - close enough!
Title: Re: Are patients bound by HIPAA?
Post by: JasonEb on May 17, 2011, 11:13:09 AM


I'm assuming you are having quality of care issues with the facility.  Have you taken them up with the administrator and the medical director? 


Actually the issue is I'm being accused of taking pictures (which I've never done), and taking notes of other patints machines (whereas I've only ever taken notes about my own treatment) BY the administration.
Title: Re: Are patients bound by HIPAA?
Post by: Rerun on May 17, 2011, 04:49:56 PM
Ask them to prove it.  Innocent until proven guilty last I looked.