February 9, 2012

HIPAA vs EMS Bloggers

Yes I’m bringing up the much feared “H” word…..but for a good reason!

I read various EMS-related blogs and Twitter posts every day. Most come with some pretty interesting stories about calls ran. Unfortunately, some are a little too detailed and have the potential to get some people in trouble. I know this because I speak from first hand experience.

Being guilty of sharing my calls for the day with the world, I have been known to give out a little too much information. On one occasion, my boss actually called me into his office because he received a complaint about a story I posted on my blog. Luckily it just amounted to me pulling the post off my blog and no real damage was done. However, had it have been pushed any further, I could have easily been fined thousands of dollars. My employer would have also been fined, which would have probably translated into me being unemployed.

Many EMS bloggers violate HIPAA and don’t even know it. There is a huge misconception that leaving out patient names protects us from privacy laws. The truth is, you have to pretty much leave out any details that could even remotely link the story to a patient. For example; if the patient can read your blog and identify the story as being their incident, then HIPAA has been violated.

So how do I HIPAA-Proof my blog?

The only way to make your blog 100% compliant is to just not reference calls without a patient’s permission. If you read my blog, you obviously know this is not how I practice. I do however, take several steps to minimize my risks.

First and foremost, NEVER use patient names, addresses, pictures, etc. Anything that directly links your story to the patient is just an attorneys payday waiting to happen. Making up fake names or not using names at all is an easy way around this.

We all like to brag about who we work for right? Well don’t do it. Don’t even mention what agency or company you work for. Doing so places yourself and your employer at risk. This goes for the entire blog, not just the story.

Don’t talk about where you work, or even where you live.  Be vague when discussing your location. Use terms like “Southern California” rather than “Los Angeles California”. This also applies to the entire blog.

Don’t get detailed when discussing call locations. Describing your scene as “Chili’s Restaurant on 4th street”, is a bad idea. Instead either make up a fake establishment or just don’t even mention any business names.

Blogging is like journalism, so aren’t I covered under the “freedom of the press?”

No, no and hell no.

Sure Geraldo Rivera can pretty much say anything he wants on TV and be covered under the constitution, but Geraldo isn’t a paramedic (thank god). We are healthcare providers and we sign HIPAA agreements when we go through school and start employment. As a matter of fact, posting protected information on the internet is about the worst way you can violate privacy laws.

Don’t get me wrong people, I love reading about how you intubated 2 people at the same time or successfully stuck an IV in someones earlobe. Just please be careful and protect yourself!

If anyone is interested, more HIPAA information can be found at http://www.hhs.gov/ocr/privacy.


  • http://www.999medic.com Medic999

    Hi Sean,

    Just found your blog thanks to the wonders of RT on Twitter!

    Just about the whole anonimity thing. The way I try to explain how I make my blog safe is that what you read on my blog is ‘a work of fiction based on reality’. My feelings, thoughts and opinions are all real, and the story is too (in essence), but so much else is changed. Mainly I sometimes change :

    Names, Ages, Sex, location, time of day, even injury or illness if that is not the crux of the tale I tell.

    Its still not 100% safe though. You have to be willing to walk away from writing about some things (Usually the most interesting ‘big news storiy’ stuff) as no matter how you dress it, it will always be identifiable.

    • Sean

      Thanks for checking out my blog! I followed you on twitter as well :)

      I absolutely agree with you on “walking away” from writing stuff. I had a call that made national news, and I wanted to talk about it so bad! I finally came to the conclusion that there is just no way to twist that story without completely changing everything.

      Thanks for the advise on the disclaimer. I might just do something like that for my page.

  • http://www.999medic.com/ Medic999

    Hi Sean,

    Just found your blog thanks to the wonders of RT on Twitter!

    Just about the whole anonimity thing. The way I try to explain how I make my blog safe is that what you read on my blog is ‘a work of fiction based on reality’. My feelings, thoughts and opinions are all real, and the story is too (in essence), but so much else is changed. Mainly I sometimes change :

    Names, Ages, Sex, location, time of day, even injury or illness if that is not the crux of the tale I tell.

    Its still not 100% safe though. You have to be willing to walk away from writing about some things (Usually the most interesting ‘big news storiy’ stuff) as no matter how you dress it, it will always be identifiable.

    • Sean

      Thanks for checking out my blog! I followed you on twitter as well :)

      I absolutely agree with you on “walking away” from writing stuff. I had a call that made national news, and I wanted to talk about it so bad! I finally came to the conclusion that there is just no way to twist that story without completely changing everything.

      Thanks for the advise on the disclaimer. I might just do something like that for my page.

  • Pingback: Tweets that mention HIPPA vs EMS Bloggers : Medic Madness -- Topsy.com

  • http://happymedic.com/ the Happy Medic

    Indeed HIPAA is a fickle lover, however many of us take careful precautions. I took precautions to the extreme until I read the actual text of the legislature and eased up a bit.
    I often switch genders, times of day, etc, but luckily since I share only the fun stuff I can take such liberties with what actually happened.

    There are cases when I can’t change enough to make it completely safe under the law, but when I use the same information available in the newspapers, folks get no more information than is already known.

    As a rescuer we are held to a higher standard even though those accessing our services don’t understand it.

    My post recently about a person with a swollen wrist calling 911 could land me and my service in hot water should he/she recognize it and come forward, violating their own privacy in the process.

    I still refer to myself as HM and my dept as “my service” for just the reasons you mention.
    I never include pictures, even though I have some amazing ones, and I have pages and pages of calls I have to edit to make safe.

    There will always be the bad apple that causes trouble, hopefully they read your post and think twice about posting it.

    Good stuff, linked for sure.
    HM

  • http://happymedic.com the Happy Medic

    Indeed HIPAA is a fickle lover, however many of us take careful precautions. I took precautions to the extreme until I read the actual text of the legislature and eased up a bit.
    I often switch genders, times of day, etc, but luckily since I share only the fun stuff I can take such liberties with what actually happened.

    There are cases when I can’t change enough to make it completely safe under the law, but when I use the same information available in the newspapers, folks get no more information than is already known.

    As a rescuer we are held to a higher standard even though those accessing our services don’t understand it.

    My post recently about a person with a swollen wrist calling 911 could land me and my service in hot water should he/she recognize it and come forward, violating their own privacy in the process.

    I still refer to myself as HM and my dept as “my service” for just the reasons you mention.
    I never include pictures, even though I have some amazing ones, and I have pages and pages of calls I have to edit to make safe.

    There will always be the bad apple that causes trouble, hopefully they read your post and think twice about posting it.

    Good stuff, linked for sure.
    HM

  • http://www.lifenderthelights.com/ Ckemtp – Life Under The Lights

    Just like Mark I found your blog through the wonders of the RT. Good buncha tips. Woe to the EMS blogger, or any EMS person that would dare cross the line. I have a very high threshold for protecting personal information. It’s as much of a sense of self preservation as it is protection for my patients.

    Here’s what I use:

    1. I protect the names of my employers and my exact location (e.g. I’m from “an amorphous area in Northern I’ll and Southern WI)

    2. I work a few different places, and I let this be known.. So if you think you know me and know the patient I may be talking about, you don’t.. It was from somewhere else.

    3. I let every story age for quite a while before I’ll reference it.

    4. If I’m writing about an 86yo female, I’ll reference them as “an elderly male/female” and use the terms “he/she” or just say “the patient”

    5. If it’s something too good NOT to write about because it’s cool or unique.. I don’t write it.

    In addition, both of my bosses know I blog.. And they review my stuff periodically to make sure I’m not offending them personally. I’ve never had a problem.

  • http://www.lifenderthelights.com Ckemtp – Life Under The Lights

    Just like Mark I found your blog through the wonders of the RT. Good buncha tips. Woe to the EMS blogger, or any EMS person that would dare cross the line. I have a very high threshold for protecting personal information. It’s as much of a sense of self preservation as it is protection for my patients.

    Here’s what I use:

    1. I protect the names of my employers and my exact location (e.g. I’m from “an amorphous area in Northern I’ll and Southern WI)

    2. I work a few different places, and I let this be known.. So if you think you know me and know the patient I may be talking about, you don’t.. It was from somewhere else.

    3. I let every story age for quite a while before I’ll reference it.

    4. If I’m writing about an 86yo female, I’ll reference them as “an elderly male/female” and use the terms “he/she” or just say “the patient”

    5. If it’s something too good NOT to write about because it’s cool or unique.. I don’t write it.

    In addition, both of my bosses know I blog.. And they review my stuff periodically to make sure I’m not offending them personally. I’ve never had a problem.

  • http://www.medicthree.fireemsblogs.com Anonymous

    Not Sure how I found your blog, but I just did! Like it. Have you seen my post on HIPAA for medbloggers?

    http://medicthree.com/2009/07/hipaa-for-medbloggers/

  • http://www.medicthree.fireemsblogs.com medicthree

    Not Sure how I found your blog, but I just did! Like it. Have you seen my post on HIPAA for medbloggers?http://medicthree.com/2009/07/hipaa-for-medblog…

  • Johnnie

    You signed a HIPPA agreement? Hey, you’re fine then, cause there’s no such thing as HIPPA. You’ll be in trouble though if you signed an HIPAA agreement.

    Just kidding around about the misspelling of the acronym :) Feeling nitpicky today for some reason :P

  • Johnnie

    You signed a HIPPA agreement? Hey, you're fine then, cause there's no such thing as HIPPA. You'll be in trouble though if you signed an HIPAA agreement. Just kidding around about the misspelling of the acronym :) Feeling nitpicky today for some reason :P

  • http://www.medicmadness.com Sean Eddy

    Wow that’s embarrassing…..

    Thanks for catching that! It’s all fixed now :)

  • SeanEddy

    Wow that's embarrassing…..Thanks for catching that! It's all fixed now :)