Q&A: A provider sharing information about another patient's emotional distress

August 30, 2018
Medicare Web

Q: I recently went to see my primary care provider for an appointment. He was running more than 30 minutes late and felt the need to offer me an explanation for his tardiness when he finally came into the exam room. He said, "Without violating HIPAA, I want you to know the reason I am late is because my last patient was very emotional because she was recently in a bad accident and is also mourning the loss of a close family member." As a HIM professional, it struck me as odd that someone would offer this information. Is it a violation of HIPAA for a provider to share details about one patient with another?

A: I am guessing the provider was trying to engage with you because he knows you are a HIM professional, but the disclosure was awkward and unprofessional, if not a HIPAA violation. Even without names or specifics, he should not share this sort of information; putting the pieces of the puzzle together to determine the previous patient's identity might not be very difficult. While I am sure the provider meant no harm, sharing even vague patient stories is not a best practice.

 

Editor's note: Chris Simons, MS, RHIA, director of health information and privacy officer at Cheshire Medical Center/Dartmouth-Hitchcock in Keene, N.H., provided this answer. This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Opinions expressed are those of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to Associate Editor Heidi Samuelson at hsamuelson@hcpro.com.

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Ask the Expert, HIM/HIPAA, HIPAA