What is conisdered a HIPAA violation?

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What is conisdered a HIPAA violation?

I have a firefighter friend who recently posted a picture of a vehicle from a wreck where the person died. The news had already released the story. She was asked if it was “Timmy’s” vehicle. My friend simply responded yes. Is this a HIPAA violation?

Asked on August 26, 2010 under Personal Injury, Florida

Answers:

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

Answered 10 years ago | Contributor

No, it is not.  HIPAA protects the privacy of individually identifiable health information, personally or electronically and the issue of patient confidentiality. The abbreviation stands for the Health Insurance Portability and Accountability Act.  It was enacted in 1996.  You are not a person to whom the act is directed - doctor, health professional, health office personnel, etc.  The act is intended to make people responsible and not to send or post or mail out health information.  You need a specific type of authorization signed by the person whose health information is requested in order to obtain the rights to see it.  You posted a picture of a car in a crash.  Not the same thing.


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