Those health forms -- Truth or Consequences?

[Papa_Bear]

Am I missing something? Every Live A Board and dive resort operation asks for a release with medical questions on it! Check Blackbeards site, Aqua cat, Aggressor, Peter Hugh's, and all I know?

 

[paddler3d]

Here is a HIPPA question...

I used to work at a homeless shelter with close to 100 staff. A lot of employee files. In order to get us HIPPA compliant, I created a new employee folder for each employee, went through their employee file, removed anything that was referring anything medical and placed it into their 'medical file'. Employee files were locked in a separate location from the medical file. All files were double locked.

Would these HIPPA rules apply to the person or agency that holds your dive training file?

There was a lot of chatter, but not an obvious answer. Are there dive operators out there that have you sign a medical disclosure form?

 

[paddler3d]

Am I missing something? Every Live A Board and dive resort operation asks for a release with medical questions on it! Check Blackbeards site, Aqua cat, Aggressor, Peter Hugh's, and all I know?

I just went to Aqua Cat's website and looked and the 'trip application form', they ask for your Dr.'s name and phone number and permission to provide 1st aid if necessary.

Where on the site are you looking?

 

[RJP]

Would these HIPPA rules apply to the person or agency that holds your dive training file?

No.

There was a lot of chatter, but not an obvious answer.

As mentioned above, the Privacy and Security Rules of the HIPAA act apply only to covered entities; health plans, health-care clearinghouses, and health-care providers. If a person, business, or organization is not a covered entity, it does not have to comply with the Privacy Rule. (The Health Insurance Portability and Accountability Act of 1996 (HIPAA))

So in fact, unless the homeless shelter where you worked provided healthcare it wasn't a covered entity, so you wasted your time in attempting to be "HIPAA compliant" as the law didn't apply. (And even if it DID provide healthcare HIPAA still wouldn't have applied to the employees records, but just the PHI (protected health information) of residents/customers of the shelter.)

 

[paddler3d]

No.

As mentioned above, the Privacy and Security Rules of the HIPAA act apply only to covered entities; health plans, health-care clearinghouses, and health-care providers. If a person, business, or organization is not a covered entity, it does not have to comply with the Privacy Rule. (The Health Insurance Portability and Accountability Act of 1996 (HIPAA))

So in fact, the homeless shelter where you worked wasn't a covered entity, so you wasted your time in attempting to be "HIPAA compliant" as the law didn't apply.

Our lawyer had us do this. There is/was case law where agencies were sued because employee files were supeonead for a lawsuit and accidentally medical issues were disclosed.

Anyway what is a 'covered entity'?

Nevermind...followed the link...

 

[RJP]

Our lawyer had us do this.

Yeah, because of lawyers there were (still are) hundreds of millions of dollars wasted by companies/organizations who are not covered by HIPAA trying in vain to comply with it.

There's certainly issues/liability associated with inappropriately disclosing employee records, but that has nothing to do with HIPAA.

 

[k ellis]

Here is a HIPPA question...

I used to work at a homeless shelter with close to 100 staff. A lot of employee files. In order to get us HIPPA compliant, I created a new employee folder for each employee, went through their employee file, removed anything that was referring anything medical and placed it into their 'medical file'. Employee files were locked in a separate location from the medical file. All files were double locked.

Would these HIPPA rules apply to the person or agency that holds your dive training file?

There was a lot of chatter, but not an obvious answer. Are there dive operators out there that have you sign a medical disclosure form?

Hippa is a very lucrative law and it has many cans and can nots in it. Its main target is healthcare providers and its employess (Which is where I was confused) Now if you have a nurse on staff and she treats you for an illness she is defined as a healthcare provider and she is not legaly able to release anything between you and her.

Now if its not in a diagnosis form but its a question like the forms are then you are the one documenting what your medical history is. therefore since it was not by a healthcare provider it would not fall under HIPPA. the fact you consented to the information placed on there Is information you have personaly released is your own medical history.

Again now like in my case being a member of the staff I can not go and say something like "RJP was here for a migrane" even if I am not the provider because of the simple fact I have access to his personal files as a staff member.

Now RJP can tell you he was here and even write it down on the form and he is self declaring his own medical so it would not be a violation.

In simple to answer your question it would not be a violation unless it was from a medical staff member entrusted by the person in question.

And no I am not saying RJP had a migrane it was a simple scenario to help explain

 

[k ellis]

Here is a HIPPA question...

I used to work at a homeless shelter with close to 100 staff. A lot of employee files. In order to get us HIPPA compliant, I created a new employee folder for each employee, went through their employee file, removed anything that was referring anything medical and placed it into their 'medical file'. Employee files were locked in a separate location from the medical file. All files were double locked.

Would these HIPPA rules apply to the person or agency that holds your dive training file?

Simple answer is no because the information contained in there was from you not from a healthcare provider.

 

[BioLogic]

Please give a specific example of something you think is intrusive and would not want to reveal.

BioLogic: Have I ever had <various sorts of> surgery? Have I ever had a mental or psychological disorder? Have I ever had substance abuse problems? Am I taking prescription medication? Have I ever had hypertension? (I don't have a copy of the form in front of me, but I think I remember seeing all of these)


Sorry. I can't find that on the form. Can you give me the exact wording where that is called for?

BioLogic: Nope, can't, I don't have the form in front of me. But I certainly remember seeing something on chest surgery, and I see absolutely no reason why I should need new medical clearance *every year* when the surgeon cleared me to dive six weeks after a surgery that never even entered my pleural space.

You don't have to reveal what prescription drugs you are taking.

BioLogic: No, but they ask me to reveal that I am taking something; without regard for the fact that I've already cleared that something with my physician before I saw their silly form. Other than to be sure it's ok with my doc, even the fact that I'm taking *something* is none of their business.

I have dived with three different operators in Kona and never been asked for a medical release.

BioLogic: Good. I've dived with two; one of them asked for a medical release.


You seem to be very unlucky. I have never been asked to fill out the form for anything other than instruction, and I have been to considerably more places than you.

BioLogic: Again, good, that's as it should be. Most of those times were for training (OW, AOW, Nitrox, Oxygen Provider, Rescue, DrySuit). Several of these were with the same shop. One of them was from a charter boat that demanded releases of every diver.

 

[RJP]

Simple answer is no because the information contained in there was from you not from a healthcare provider.

To be clear, the simple answer is "no" because the shop is not a covered entity. Doesn't matter where the information is from, the law doesn't apply to dive shops.

Not meaning to be pedantic, but the difference is meaningful.