WEBVTT 00:00:00.040 --> 00:00:02.660 Hello again, I'm Clayton Vandiver, your Lightkeeper 00:00:02.660 --> 00:00:06.500 on the Lightkeepers podcast. Today, HIPAA Part 00:00:06.500 --> 00:00:11.119 3. We have more information about the Health 00:00:11.119 --> 00:00:15.539 Insurance Portability and Accountability Act. 00:00:15.900 --> 00:00:19.780 An incredibly long title for a very vital, vital 00:00:19.780 --> 00:00:23.420 protection that the government offers you. And 00:00:23.420 --> 00:00:26.519 that, as we've discovered over the last two conversations, 00:00:27.449 --> 00:00:30.250 A lot of folks don't always get that protection. 00:00:56.009 --> 00:00:57.450 want to make sure that you live the very best 00:00:57.450 --> 00:00:59.570 life possible that's what the light keepers podcast 00:00:59.570 --> 00:01:03.789 is all about more information is more power this 00:01:03.789 --> 00:01:06.269 conversation is designed to always give you the 00:01:06.269 --> 00:01:08.409 very best information that we can come up with 00:01:08.409 --> 00:01:12.030 with me our licensed clinical social worker charlene 00:01:12.030 --> 00:01:14.549 and thank you for being here today and bringing 00:01:14.549 --> 00:01:16.650 back some great hippa information where do we 00:01:16.650 --> 00:01:19.810 leave off so we left off talking about an emergency 00:01:19.810 --> 00:01:24.319 room scenario um where yes You're in the emergency 00:01:24.319 --> 00:01:26.780 room, maybe for yourself or with a loved one, 00:01:26.840 --> 00:01:29.959 and the billing person comes in to verify that 00:01:29.959 --> 00:01:32.519 billing information on file. Now, like we talked 00:01:32.519 --> 00:01:35.260 about before, that billing information is PHI. 00:01:35.280 --> 00:01:40.459 That is personal health information that is protected 00:01:40.459 --> 00:01:45.200 by HIPAA. So where we left off, we were talking 00:01:45.200 --> 00:01:49.900 about how if that person comes in and reads off 00:01:49.900 --> 00:01:54.540 that information, and anyone outside of that 00:01:54.540 --> 00:01:58.219 room overhears it, that billing person has just 00:01:58.219 --> 00:02:02.060 violated your HIPAA information and should be 00:02:02.060 --> 00:02:06.959 reported because that can be dangerous. And yet 00:02:06.959 --> 00:02:09.960 it's so... Commonplace. They don't think of it. 00:02:10.060 --> 00:02:12.860 Correct. They're getting things done in a very 00:02:12.860 --> 00:02:17.020 fast, very efficient, got to get it done, life 00:02:17.020 --> 00:02:18.939 and death, it's critical, it's the emergency 00:02:18.939 --> 00:02:22.550 room, it's a trauma center. And you're not thinking 00:02:22.550 --> 00:02:26.250 of, well, there's this legal issue that I might 00:02:26.250 --> 00:02:29.150 be creating, but I need to be efficiently cut 00:02:29.150 --> 00:02:31.430 through all of that. Doesn't matter. Doesn't 00:02:31.430 --> 00:02:36.870 matter. Anytime, anytime a professional shortcuts 00:02:36.870 --> 00:02:41.270 around HIPAA, they are putting the patient at 00:02:41.270 --> 00:02:44.969 risk of medical identity theft. And that's a 00:02:44.969 --> 00:02:48.319 very big risk. And people don't fully understand. 00:02:48.400 --> 00:02:50.960 Like I said, if that billing person comes in, 00:02:51.020 --> 00:02:54.500 or even a nurse comes in and verifies date of 00:02:54.500 --> 00:02:58.120 birth and name, if it is not done in a protected 00:02:58.120 --> 00:03:00.680 manner where others cannot overhear, that is 00:03:00.680 --> 00:03:02.560 a HIPAA violation. That's protected information. 00:03:02.800 --> 00:03:07.259 But if they come in and say, can you tell me 00:03:07.259 --> 00:03:11.740 your information, and you provide it with other 00:03:11.740 --> 00:03:14.520 people being able to hear, You have just given 00:03:14.520 --> 00:03:16.900 implied consent for your information to be shared. 00:03:17.360 --> 00:03:20.520 So by voicing it yourself, you actually provide... 00:03:20.520 --> 00:03:24.479 It is not... You violated your own HIPAA. And 00:03:24.479 --> 00:03:27.699 didn't even know it. Well, that's very important 00:03:27.699 --> 00:03:30.400 information, not only for the individual to be 00:03:30.400 --> 00:03:32.840 aware of, but for the medical professional... 00:03:32.840 --> 00:03:37.819 To be mindful of. A show that we're very... We 00:03:37.819 --> 00:03:41.719 enjoy watching has a line that's popular that... 00:03:42.189 --> 00:03:45.069 Details matter. In an investigation, details 00:03:45.069 --> 00:03:47.469 matter. In an investigation, details matter. 00:03:47.689 --> 00:03:51.409 Well, in life in general, details matter. Especially 00:03:51.409 --> 00:03:55.669 where your privacy, in today's day and time, 00:03:55.689 --> 00:03:59.310 when electronic means allow people to violate 00:03:59.310 --> 00:04:03.310 your information, to assume your identity, to 00:04:03.310 --> 00:04:08.330 assume your medical identity, and basically use... 00:04:08.960 --> 00:04:12.080 your information for criminal purposes so easily 00:04:12.080 --> 00:04:15.099 and seeing the challenge there is a lot of the 00:04:15.099 --> 00:04:20.600 health field a lot of these institutions do not 00:04:20.600 --> 00:04:23.360 use the complicated algorithms that financial 00:04:23.360 --> 00:04:26.579 institutions use that protects that data until 00:04:26.579 --> 00:04:30.120 those protections are put into place that data 00:04:30.120 --> 00:04:33.139 is going to be vulnerable to hacking and it we 00:04:33.139 --> 00:04:36.290 don't need to make it even more vulnerable by 00:04:36.290 --> 00:04:39.370 letting that information loose in areas where 00:04:39.370 --> 00:04:43.009 there could be someone with an ulterior motive. 00:04:43.149 --> 00:04:46.750 By just sloppy activity. Exactly. And anyone 00:04:46.750 --> 00:04:49.490 with an ulterior motive or just an opportunist 00:04:49.490 --> 00:04:51.470 who says, hey, I just heard something I can use, 00:04:51.670 --> 00:04:54.930 steps up. Now, I was giving an example in the 00:04:54.930 --> 00:04:58.850 last one that someone could be using nefarious 00:04:58.850 --> 00:05:02.230 motives. to say, I've got a little bit of a stomachache, 00:05:02.290 --> 00:05:05.870 not really, and then go into a busy trauma or 00:05:05.870 --> 00:05:09.410 emergency center where their small little issue 00:05:09.410 --> 00:05:11.250 that doesn't appear life -threatening is going 00:05:11.250 --> 00:05:14.009 to be put on a back burner. They'll be parked 00:05:14.009 --> 00:05:17.730 somewhere in a hallway on a little gurney, and 00:05:17.730 --> 00:05:20.209 they'll be able to relax there sometimes for 00:05:20.209 --> 00:05:23.410 hours while they sit and listen to people come 00:05:23.410 --> 00:05:26.720 and go, all being... HIPAA violated all around 00:05:26.720 --> 00:05:29.019 them while they record on their cell phone. I 00:05:29.019 --> 00:05:30.899 don't want to give people ideas of things to 00:05:30.899 --> 00:05:32.920 do, but I do want to give medical personnel ideas 00:05:32.920 --> 00:05:36.100 of things to look out for. And it doesn't even 00:05:36.100 --> 00:05:39.019 have to be that complicated. I personally have 00:05:39.019 --> 00:05:42.379 had my credit card information stolen. When a 00:05:42.379 --> 00:05:45.220 server took my card back to the cash register, 00:05:45.379 --> 00:05:47.540 had it sitting next to the cash register while 00:05:47.540 --> 00:05:51.319 she rung up the ticket, and someone sitting there 00:05:51.319 --> 00:05:54.199 at the counter took a picture of my credit card 00:05:54.199 --> 00:05:57.600 and used it successfully. So it wasn't the waiter 00:05:57.600 --> 00:06:00.860 or waitress. Correct. It was someone nearby with 00:06:00.860 --> 00:06:03.300 an opportunity. If someone can do that with a 00:06:03.300 --> 00:06:05.540 credit card, all they've got to do is snap a 00:06:05.540 --> 00:06:08.019 picture of your health insurance or even get 00:06:08.019 --> 00:06:11.209 a... A recording. A recording of your health 00:06:11.209 --> 00:06:13.629 insurance information. Of someone repeating it. 00:06:13.810 --> 00:06:16.430 And boom, they've got you. Now you had mentioned 00:06:16.430 --> 00:06:18.709 that if you mention your health insurance information. 00:06:18.850 --> 00:06:21.829 Implied consent. If you voice your own name, 00:06:21.949 --> 00:06:24.689 your address, confirm your birth date. Implied 00:06:24.689 --> 00:06:27.550 consent. Now you've given that protected information 00:06:27.550 --> 00:06:29.889 out, but that's implied consent. And even if 00:06:29.889 --> 00:06:32.990 it's recorded by someone else. You're speaking 00:06:32.990 --> 00:06:36.290 it yourself. So that you've released and they 00:06:36.290 --> 00:06:42.800 can steal it. If they use it, then it's still 00:06:42.800 --> 00:06:47.540 a violation. But the medical team, but you can't 00:06:47.540 --> 00:06:49.540 accuse the medical team at that point of violating 00:06:49.540 --> 00:06:51.699 your HIPAA because you yourself have violated 00:06:51.699 --> 00:06:56.000 it. But if that medical professional, that billing 00:06:56.000 --> 00:06:59.120 person comes in and reads your information off, 00:06:59.360 --> 00:07:03.060 that is a HIPAA violation. And so to that end, 00:07:03.120 --> 00:07:07.430 I have two suggestions to the community. First 00:07:07.430 --> 00:07:10.290 of all, when you go into a medical facility and 00:07:10.290 --> 00:07:12.769 they ask you for HIPAA -protected information, 00:07:13.269 --> 00:07:17.810 politely, nobody needs to be a Karen, politely 00:07:17.810 --> 00:07:22.970 say, that is protected information, let me write 00:07:22.970 --> 00:07:26.850 that down for you. Because now you're providing 00:07:26.850 --> 00:07:30.589 it in writing, nobody's hearing it, it's protected, 00:07:30.589 --> 00:07:33.230 and you've alerted the person behind the desk 00:07:33.230 --> 00:07:36.170 that... you care about your HIPAA -protected 00:07:36.170 --> 00:07:39.730 information. That's important. Whenever we can 00:07:39.730 --> 00:07:45.269 enforce or reinforce our own protections, our 00:07:45.269 --> 00:07:48.750 own rights, our own wishes, it's always a good 00:07:48.750 --> 00:07:52.589 thing. Advocate for yourself. And that's the 00:07:52.589 --> 00:07:54.569 social worker speaking, because they'd like to 00:07:54.569 --> 00:07:57.110 be there for you, advocating for you. That's 00:07:57.110 --> 00:08:00.860 what they do. But if they cannot be... And if 00:08:00.860 --> 00:08:03.120 you do not have a family member who can look 00:08:03.120 --> 00:08:05.939 out for you. Now, if you go into an emergency 00:08:05.939 --> 00:08:09.060 room or a treatment center and you're lightheaded, 00:08:09.240 --> 00:08:12.699 maybe you're even passed out, you may provide 00:08:12.699 --> 00:08:15.720 information. You may have been injured. You don't 00:08:15.720 --> 00:08:18.100 realize that you're in a compromised situation, 00:08:18.500 --> 00:08:20.300 and you may provide information before you know 00:08:20.300 --> 00:08:22.560 it. That's why it's important to have a family 00:08:22.560 --> 00:08:25.839 member or some companion with you. Now, the other 00:08:25.839 --> 00:08:29.870 suggestion is... Not going to make me any friends 00:08:29.870 --> 00:08:34.669 in the medical world, but if you are in an emergency 00:08:34.669 --> 00:08:38.129 room or a hospital or a medical setting and you 00:08:38.129 --> 00:08:44.970 hear a staff member divulge someone else's PHI, 00:08:45.029 --> 00:08:49.090 their personal health information, if you overhear 00:08:49.090 --> 00:08:53.809 that, report them because that needs to change. 00:08:55.259 --> 00:08:57.159 The only way it's going to change is if people 00:08:57.159 --> 00:08:58.940 start getting in trouble for it. And they do 00:08:58.940 --> 00:09:01.419 get in trouble. There are fines, there are penalties, 00:09:01.700 --> 00:09:04.860 and one physician even spent time in jail. And 00:09:04.860 --> 00:09:07.100 there's a very big difference between a Karen 00:09:07.100 --> 00:09:10.159 who's complaining frivolously and a whistleblower 00:09:10.159 --> 00:09:12.299 who sees something that needs to be improved 00:09:12.299 --> 00:09:15.879 in a system and takes action to see that it is. 00:09:16.039 --> 00:09:18.919 And we have to go on. We'll do another episode. 00:09:18.919 --> 00:09:21.580 Hold on. That can be reported to the Office of 00:09:21.580 --> 00:09:24.080 Civil Rights for Health and Human Services. Thank 00:09:24.080 --> 00:09:26.100 you. Thank you. And I'll even put a link below 00:09:26.100 --> 00:09:29.279 for that for anyone who might want to jot it 00:09:29.279 --> 00:09:31.860 down, have it handy for any time you're in a 00:09:31.860 --> 00:09:34.159 medical situation. We're going to have to talk 00:09:34.159 --> 00:09:37.159 more about some of the scenarios that we've talked 00:09:37.159 --> 00:09:38.980 about in the past. Let's get into the medical 00:09:38.980 --> 00:09:42.580 identity theft. Let's do that on our next episode. 00:09:43.200 --> 00:09:45.740 Thank you for watching the Light Keepers podcast. 00:09:45.919 --> 00:09:48.000 The Light Keepers podcast is brought to you. 00:09:48.860 --> 00:09:52.039 exclusively by a guiding light 501c3 charity 00:09:52.039 --> 00:09:55.539 organization there's a qr code on the screen 00:09:55.539 --> 00:09:58.519 if you'd care to donate and help us out in this 00:09:58.519 --> 00:10:00.799 quest to make sure that the very best information 00:10:00.799 --> 00:10:05.480 to live the very best life that you can is provided 00:10:05.480 --> 00:10:08.320 to everyone we can reach please tell your friends 00:10:08.320 --> 00:10:11.220 tell your family subscribe like hit the bell 00:10:11.220 --> 00:10:14.019 so you're reminded to tune in every time we put 00:10:14.019 --> 00:10:16.120 up a new episode and again thank you for tuning 00:10:16.120 --> 00:10:19.960 in From the middle of the Pacific Ocean, we'll 00:10:19.960 --> 00:10:23.399 be back with you with another episode next week. 00:10:24.220 --> 00:10:26.779 I'm Clayton Vandiver, your light keeper. Bye 00:10:26.779 --> 00:10:27.159 for now.