Those health forms -- Truth or Consequences?

[Herk_Man]

Personally, I have seen questions about mental or psychological illnesses, that I think are intrusive. And difficult to answer as it doesn't properly define what it means by this. Anything on the DSM-IV?? I would argue with some of those as being categorised as 'illnesses'.

Also while it doesn't apply to me the question about past alcohol or drug abuse is also something that I would consider very intrusive and irrelevant. Current alcohol and drug abuse, sure, but in the past??

I can see where the psychosis involved in getting one's panties in a wad over gender specific pronouns would be embarrassing to disclose. Just wondering why you would do so here. :mooner:

 

[Sas]

I was joking... Just looking for an excuse to use those little head shaking smileys

 

[RJP]

The simple truth is thanks to Hippa Laws in america there are really no way for a dive operator to verify if you have a medical history other then what you tell them on the paper so false information would be easy to get away with.

For the life of me, I still can't figure out why you're beating the HIPAA drum over and over again. It's irrelevant. Before HIPAA the dive shop/op couldn't get the info other than from you. HIPAA changed nothing in this regard.

?????

 

[k ellis]

For the life of me, I still can't figure out why you're beating the HIPAA drum over and over again. It's irrelevant. Before HIPAA the dive shop/op couldn't get the info other than from you. HIPAA changed nothing in this regard.

?????

Your correct re read my statement. It was stating that if someone puts down information it can not be verified nothing was said in my last statement to the contrary

 

[KTwo]

The forms I signed had the exact purpose they were intended for, and protection of my health was not one of them.

This thread is very applicable to me since I just saw my doc today to get her to signoff on my OW class. Interesting discussion to say the least.

Having just read the entire thread, it seems the focus is on purposeful omissions by the diver and the resulting liability of the operator. So as my first real post here (other than my introduction), let me pose a theoretical question. At the bottom of the RSTC form, it has the statement that ends "..I agree to accept responsibility for omission regarding my failure to disclose any existing or past health condition." What if, in the course of a dive, a condition comes to light to which the diver was unaware but causes injury and/or death? Is the operator liable now because the diver signed form in good faith?

Just a thought . . .
-K2

 

[Herk_Man]

I was joking... Just looking for an excuse to use those little head shaking smileys

Oh good, whew, what a relief. Cuz after I posted that I thought, "Wow, what if she really is psychotic and now she's swimming all the way from down under to drown me in my bath tub." I have these thoughts all the time. What do you think it means? :acid:

 

[Sas]

Oh good, whew, what a relief. Cuz after I posted that I thought, "Wow, what if she really is psychotic and now she's swimming all the way from down under to drown me in my bath tub." I have these thoughts all the time. What do you think it means? :acid:

Haha sorry sometimes I post stuff and realise I should have added some more emoticons to make it more jovial to indicate that I'm joking.

 

[lulubelle]

Just thought I'd clear up some confusion over HIPAA. A dive shop is not a covered entity under HIPAA and is therefore not obligated to abide by this law. They can publish your medical form if they want to.

Covered entities are

* a health care provider that conducts certain transactions in electronic form (called here a "covered health care provider").
* a health care clearinghouse.
* a health plan.

So if your doc has old fashioned paper charts and no computer in his office, you got it, he is not subject to HIPAA either. Of course he is subject to professional standards, but not the law itself.

Back to diving. Given that it is butt coverage for the operator, I just say no. I take responsibility for my own fitness to dive. By that I mean I get clearance from my doctors.

 

[sdiver68]

Covered entities are

* a health care provider that conducts certain transactions in electronic form (called here a "covered health care provider").
* a health care clearinghouse.
* a health plan.

I already cleared up the confusion a few threads ago, and you are not correct in your assessment of HIPAA. You are correct that dive shops in general would not be covered, however they might be covered under other privacy laws.

 

[lulubelle]

I already cleared up the confusion a few threads ago, and you are not correct in your assessment of HIPAA. You are correct that dive shops in general would not be covered, however they might be covered under other privacy laws.

I'm afraid I disagree with you as to my correctness regarding covered entities under HIPAA, and my post was specific to HIPAA, not other existing privacy laws. They are not one and the same. I am a health care provider and conduct yearly training with all of the employees regarding current HIPAA law and covered entities. So what part of my post do you find to be incorrect? I can assure you that a health care provider conducting no electronic health care business whatsoever is not covered under current HIPAA law. Not that you will find too many of these folks in existence anymore.

Are You a Covered Entity? HIPAA - General Information

I just read your previous post. Your confusion seems to stem from the fact that businesses can be considered covered entities by extension if they handle patient information in any way shape or form for one of the categories of covered entities. That is true, but only if that occurs in the context of part of that patient's care or in using that patients data for study, etc. My company is subject to HIPAA laws, but we handle information directly related to the care or study of a patient.

DAN is a good example of a dive world business which is subject to HIPAA laws. They routinely handle patient information for study purposes.

On no planet would a dive shop be considered a covered entity under HIPAA. I have no idea if there are other privacy laws which require them to keep medical forms confidential or not, but they are not subject to the law we are discussing, HIPAA.