What constitutes a HIPPA violation?

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What constitutes a HIPPA violation?

I have an unemployment hearing with the department of labor (DOL), and I need to subpoena patients and patient records. If I supply the DOLwith the name and date of birth of the patients so that they can be subpoenaed, is that a HIPPA violation? What if I only supply the name of the patient to the DOL, with no other information, is that a HIPPA violation?

Asked on March 1, 2011 under Employment Labor Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to understand HIPAA from the start.  The HIPAA Privacy Rule, also called the Standards for Privacy of Individually Identifiable Health Information, provided the first nationally-recognizable regulations for the use/disclosure of an individual's health information. Essentially, the Privacy Rule defines how covered entitiesuse individually-identifiable health information or the PHI (Personal Health Information). 'Covered entities' is a term often used in HIPAA-compliant guidelines. A covered entity can be a Health plan, Healthcare clearinghouse and/or Healthcare provider.  HIPAA defines the boundaries for the use and disclosure of the information.  What you intend to use the records to prove may also be an issue here.  Record can be redacted.  You need to speak with someone on this matter and tell them how you plan on using them. etc.  Good luck.


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