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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a nursing student. While collecting information on a resident

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I am a nursing student. While collecting information on a resident at a nursing home, I have been accused by my school of violating Hippa law. I do not believe I did. I may have violated their policy. The patient files are given to us to copy down any info we need to come back and take care of the resident. While copying this info into a notebook for over 3 hrs. I rec. a call from my husband that I would need to be home to get my daughter off bus because he was unable to be there. To speed up the process I photographed a couple pages of the patients treatment info, in case I ran out of time to write it down, which I did not. So these pictures were just erased from my phone. These pics did not contain the patients name or any ID info and none of the patients info was ever shared with anyone. Can you please advise as to whether this is a HIPPA violation?
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



This is NOT a HIPAA law violation. The key here is that you did not 'publish the information to a third party,' meaning that even if you took personal photographs of said information, you did not disclose its contents to a third party as defined in 45 C.F.R. 164.502. S in short, you did NOT violate HIPAA policy. The school is just being neurotic here, perhaps, but under the law, you are okay.

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