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HIPAA and EMR


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I currently work two separate jobs.  At job #1(urgent care) I have access to EMR records of one of the large local healthcare groups (we'll say hospital system A).  At job #2 (outpatient pulmonary) I have access to EMR records of another large local healthcare group (hospital system B).  If I am seeing a patient at job #1 and they tell me they had blood work or rads done through hospital system B, is it okay for me to look those records up?  The person is genuinely my patient and the information might help their treatment - but my access to those records is because of a different job.  If I look up their records am I violating HIPAA?  

 

I had assumed that as long as I only look at records of patients that I am personally treating, there was no problem.  But someone at one of my jobs wasn't sure - they asserted that if my access to the EMR system wasn't through the job I was working that day, it was a violation of HIPAA because that office theoretically didn't have access to those records.

 

 

Thoughts?

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Theoretically it is a violation if you ask the HIPAA folks at each respective institution primarily because you are acting as an agent from a facility that they dont have an agreement to share records with. Technically there should be a record release signed by the patient. I see this all the time because we have per diem staff that is full time at the nearby medical center. I see the nursing staff abide by this out of fear for their license and job. MDs and PAs are another story. I have asked specific individual providers and they rely on that they are providing continuity of care for the patient. I do think there is potential to get a wrist slap or even lose access privileges and potentially a report to the state medical board. HIPAA violations are a big deal and facilities are more than happy to throw anyone under the bus to avoid the blame falling solely on them. So I would tread carefully here. One suggestion is to ask the patient if they can access the patient portal and get that information for you. Otherwise send the record release. I place my license, livelihood and pristine record at the state above if they had a recent BMP or throat swab.

G Brothers PA-C

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