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 HIPPA Rights?
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Gator
Rookie

12 Posts

Posted - Feb 20 2012 :  13:53:57  Show Profile  Reply with Quote
Do any of you who run an ambulance have issues with HIPPA rights? We have to call the EOC and give them the patient's name DOB and SSN as well as rank and unit if they are military. It's what the CO wants.

Thanks,

Gator

JoeMZ191
Rookie

USA
67 Posts

Posted - Feb 20 2012 :  20:50:12  Show Profile  Send JoeMZ191 a Yahoo! Message  Reply with Quote
Military members have limited HIPPA rights. Release of information must be related to treatment, payment and operations. Since DOD is responsible for all 3, it's really not a factor. A civilian worker who is filing a claim under OWCP would fall into the same category. If you have a non-affiliated patient, their information should be protected unless they sign a release. You can also use run reports for in-house quality improvement provided none of the information is released casually. I also just learned any reports can be given to law enforcement during the course of an active investigation. That was from HQ JAG.

Hope this helps a little.
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parated
Rookie

USA
14 Posts

Posted - Feb 24 2012 :  07:01:27  Show Profile  Reply with Quote
We had the same problem and JoeMZ191 is correct in his statements. We had the same answers from our JAG.


T. E. King
FF/NREMT-P
EMS Coordinator
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gochargers
Lt

235 Posts

Posted - Feb 27 2012 :  07:53:13  Show Profile  Reply with Quote
Do you have to give the EOC their medical condition? if not, I don't think it's really an issue anyways.
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colo firefighter
Rookie

USA
17 Posts

Posted - Apr 13 2012 :  08:59:35  Show Profile  Reply with Quote
We treat and release military patients all the time. They have just as much right to refuse treatment as a civilian as long as they are competent. Under our Denver Metro Protocol, there is a criteria for a field release. We can even release if they have been drinking but they must meet the exclusion criteria.

What is interesting is our great military minds tried to get us to restrain military who refused a DUI blood draw. We told them no and the JAG said we could. We pointed out the state law and the protocol and stood our ground.
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parated
Rookie

USA
14 Posts

Posted - Apr 14 2012 :  06:34:03  Show Profile  Reply with Quote
I actually ran into an issue with a DoD Employee that called out 911 for an "anaphylactic" reaction. He had a localized reaction "irritation" associated with some glue to one of his hands. I instructed him to get on the ambulance for transport to OH for an evaluation. I was operating under the old mandra of you work for the government, you call 911, you get evaluated. Needless to say a fire storm insued, Local Policy developed stating that all contractors, military service personnel and DoD civilians have the right to refuse care & transport, even if they are in a duty status. I didn't particularly like it, because it causes a huge issue with follow up and workers comp a few days down the line. But I have found that good "inter-personal" skill applications and getting supervisors involved assist in getting those patients that you know need to get evaluated at a medical facility to that care with proper "by-in" from the supervisors.But at times, we do what we are instructed to from superiors, even though outside the gate something different is done. We can only try to educate and raise a flag occasionally.

T. E. King
FF/NREMT-P
EMS Coordinator
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JoeMZ191
Rookie

USA
67 Posts

Posted - Apr 19 2012 :  06:16:45  Show Profile  Send JoeMZ191 a Yahoo! Message  Reply with Quote
I have to disagree with military members being able to refuse treatment. The military dictates treatment for them all the time which they can not refuse. Also, even though we operate under local civilian protocols, DOD regulations still take precedence inside the gates. This just my opinion. I haven't researched this at the JAG level.

Hurst78: Yes. I was at Dover '90-'94.
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parated
Rookie

USA
14 Posts

Posted - May 14 2012 :  03:26:02  Show Profile  Reply with Quote
I had the same arguement and lost with command and JAG.

Ted

T. E. King
FF/NREMT-P
EMS Coordinator
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colo firefighter
Rookie

USA
17 Posts

Posted - May 14 2012 :  09:24:57  Show Profile  Reply with Quote
When did the Military lose their rights? They are patients first. Why would we transport against their will? I think you are off on this one. Sprained ankle doing PT does not require transport if the patent does not want to be transported. We have a very clear protocol on refusals. Nowhere in our protocols does it differentiate on employment status.
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gochargers
Lt

235 Posts

Posted - May 14 2012 :  12:42:13  Show Profile  Reply with Quote
quote:
Originally posted by JoeMZ191

I have to disagree with military members being able to refuse treatment. The military dictates treatment for them all the time which they can not refuse. Also, even though we operate under local civilian protocols, DOD regulations still take precedence inside the gates. This just my opinion. I haven't researched this at the JAG level.

Hurst78: Yes. I was at Dover '90-'94.



I agree with Colo FFer, what DoD regulations require that military cannot refuse transport? When a commander gets involved and orders then to the ER, then that is a different story.

Time and time again, somebody cuts their thumb at work and some random person freaks out at the sign of blood and calls EMS. The patient has no idea 911 was even called for them.
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JeffreyShively
Rookie

USA
11 Posts

Posted - May 16 2012 :  12:00:46  Show Profile  Reply with Quote
Last I knew military could refuse treatment unless commander or medical direction indicated differently. We have had military refuse mostly over small injuries and it is real common when responding to fender benders.
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