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Is this a HIPAA violation?

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adjusterjack

Senior Member
I'm sorry guys, I'm actually serious here. This is my story. Okay, we can forget about the justification portion for now and just discuss your opinions on the matter, if that is more comfortable. I'm a 22 year old male with a diagnosis of schizophrenia, and was brought to the hospital when my counselor reported a suicidal crisis. The keys were to my apartment, and I got them back eventually. They confiscated them as they were sharp and I was cutting myself at the time of admission. I was in the ER for not more than 3 days, and I was transferred to a psychiatric ward subsequently. Thank you for the resources quincy.
You've just explained exactly why the hospital people did nothing wrong and, therefore, there is no HIPAA violation.
 


quincy

Senior Member
I see no HIPAA violation in what has been posted.

Whether the hospital should have released to the family the keys to MR31312's apartment is a question mark, though.
 

doucar

Junior Member
HIPAA deals with the unauthorized release of medical records, not keys. You do know you cannot sue anyone for a HIPAA violation?
 

Taxing Matters

Overtaxed Member
Michigan
Less than three months ago I was in the ER at a hospital in Michigan being treated for mental health issues. During this time period the hospital called my family and let them know I was there, then they visited me in the ER and the staff gave my keys to family members. I called the hospital today and they said that they do not believe this is a HIPAA violation, I believe it is
If possible, please post objective and clear reasoning as to why or why not you think this is a HIPAA violation. Thank you.
The Health Insurance Portability and Accountability Act (HIPAA) privacy rule regulates the disclosure of protected health information (PHI) by a covered entity to persons other than the patient. The only disclosure of information I see here is the disclosure by the ER to your family that you were in the ER. The U.S. Department of Health and Human Services (HHS), which is the agency that enforces HIPAA, has a page that discusses when a hospital may notify a relative that you are in its facility. As you can see from that discussion the hospital should ask you first if you are conscious and competent before notifying others. In other situations it is up to the professional judgment of the staff. Note that if the ER did violate HIPAA with the disclosure your sole remedy is reporting the violation to HHS. HIPAA does not give you a right to sue the ER for a money judgment for HIPAA violations.
 

quincy

Senior Member
HIPAA deals with the unauthorized release of medical records, not keys. You do know you cannot sue anyone for a HIPAA violation?
I know HIPAA does not involve apartment keys. ;)

I am not sure under what authority a hospital can facilitate access to a patient's private home living space, though.
 

cbg

I'm a Northern Girl
Which is an entirely different question. It is NOT a HIPAA violation for a hospital to give the OP's apartment key to a family member, since HIPAA does not cover apartment keys. And the OP asked if it was a HIPAA violation.

Now, if the OP asks whether or not it is a violation of some law other than HIPAA...

Yes, I am being a smart-ass.
 

quincy

Senior Member
Which is an entirely different question. It is NOT a HIPAA violation for a hospital to give the OP's apartment key to a family member, since HIPAA does not cover apartment keys. And the OP asked if it was a HIPAA violation.

Now, if the OP asks whether or not it is a violation of some law other than HIPAA...

Yes, I am being a smart-ass.
Yup, you are. ;)

The HIPAA question was answered early in the thread.
 

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