Is this a Hipaa violation and related?

[kbc1]

What is the name of your state (only U.S. law)? Oklahoma

Would it be a hipaa violation if a physician told their spouse that they had been exposed to a communicable by their previous spouse, then the current spouse told a third party who reported it back to the ex-spouse. Is there a patient-doctor relationship if the physician had written prescriptions for the ex-spouse during their marriage?

 

[Antigone*]

What is the name of your state (only U.S. law)? Oklahoma

Would it be a hipaa violation if a physician told their spouse that they had been exposed to a communicable by their previous spouse, then the current spouse told a third party who reported it back to the ex-spouse. Is there a patient-doctor relationship if the physician had written prescriptions for the ex-spouse during their marriage?

Only if the first spouse and the doctor were playing doctor/nurse when the exposing of the "communicable" occurred.

 

[Zigner]

Nope - the doctor didn't tell the third party.

 

[kbc1]

Well, they were. It was an STD. Does that change things.

THANKS!

 

[Antigone*]

Well, they were. It was an STD. Does that change things.

THANKS!

Ummm.... Nope

 

[kbc1]

Thank you both very much for your speedy responses.

 

[Antigone*]

Thank you both very much for your speedy responses.

You're welcome

 

[justalayman]

Nope - the doctor didn't tell the third party.

actually the third party is the docs current spouse so yes, they did tell the third party.


the problem is; was it protected information of the first spouse or was the doctor simply communicating his/her medical condition and history.

Personally, I do not know if it is a HIPAA violation or not.The doctor has the right to inform anybody about his/her medical info. The only thing that might be a violation is saying where the STD came from. Given the situation, not sure if HIPAA would be applicable or not.

 

[ecmst12]

That's not PHI. If the person in question was NOT a doctor, it wouldn't even be a question of HIPAA. The information would not have been gotten because of a doctor-patient treatment relationship but because of a personal relationship, so it's not protected.

 

[justalayman]

The information would not have been gotten because of a doctor-patient treatment relationship but because of a personal relationship, so it's not protected.

depends on how the doctor was made aware of the STD. If s/he was the diagnosing med pro, it was due to the doctor patient relationship. If the former spouse came to the doc in question and in the developement of their relationship said "hey honey, I've got this STD (and I suppose I should have told you before we started knocking boots). but anyway, can you write a scrip for something to treat it.

 

[kbc1]

You will love this. The doc found out on honeymoon that the first spouse had an std.

 

[justalayman]

then it sounds like it is likely simply info due to the personal relationship and not the doctor patient relationship. As such, he can tell the world.


Of course, if the aggrieved party wants to file a complaint, they are free to do so. It will be reviewed by those with the power and they will make a decision and take appropriate action.

 

[kbc1]

Thank to everybody for taking the time to respond.