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Discovered by the Singularly Humorless

26 comments

*Sigh*

I have found a new critic. Recovering Paramedic writes:

Holy HIPAA, Batman. Calling "Gary," even if his name is "Ed," and known only to "locals," is still disclosure of individually identifiable health information. And even if the address on "Highway 808" is really "Highway 80," which gives a good address for that number... do you not understand what confidentiality means? Or does the US Department of Health and Human Services Office of Civil Rights not havejurisdiction in your parish?

I know what HIPAA means, Recovering. Do you? Actually, it relates to electronic storage and transmission of patient records. Patient confidentiality laws were in place long before HIPAA. And yes, the details, times, addresses and even the major players in each story has been purposely muddied, obfuscated and downright changed to make it impossible to identify the players. And those players who ARE identified by name have signed releases. 

I did this primarily to protect patient confidentiality while at the same time telling entertaining stories, and secondarily to protect myself from semi-informed guardhouse EMS lawyers like yourself.

And yes, I read your other comments as well. They read like stereo instructions. So much so, that I fear you miss the point entirely.

So either develop a sense of humor or go troll someone else's blog, goober. 
  • Flo

    Well, at least he had the decency to identify himself. But he couldn’t have read too much if he didn’t know you’ve written a book about your experiences and therefore probably know more about confidentiality than many attorneys.

    And you’re right, if he can’t enjoy the humor, please go somewhere else. Or like my mama said, if you can’t say something nice, don’t say it at all.

    Oops, I guess that means I would have to remove my Pelosi post.

    Nah.

  • Flo

    Well, at least he had the decency to identify himself. But he couldn’t have read too much if he didn’t know you’ve written a book about your experiences and therefore probably know more about confidentiality than many attorneys.And you’re right, if he can’t enjoy the humor, please go somewhere else. Or like my mama said, if you can’t say something nice, don’t say it at all.Oops, I guess that means I would have to remove my Pelosi post.Nah.

  • Recovering Paramedic

    Sadly, I’m sure he knows plenty about confidentiality. Apparently, he just chooses to pretend that it doesn’t apply to him.

    After years of advocacy campaigns by the AAA, IAFC, IAFF, and other groups to bolster the credibility of EMS with the people in Washington who control the money, sadly, in speaking with former HHS Secretary Thompson, it is evident that the cowboy mentality is known to be alive and well in EMS. This is why lawmakers listen to physicians and their opinions about EMS programs, and don’t ask EMS providers directly. It’s not that they don’t care or want to improve EMS, it’s that they don’t like the “well, I don’t like your answer so I’m going to do what I want anyway” attitude.

    And before you make fun of Pelosi and all things Democrat, remember – in the early 1980s, it was Reagan who eliminated the block grants from which many EMS systems derived their primary funding.

  • Recovering Paramedic

    Sadly, I’m sure he knows plenty about confidentiality. Apparently, he just chooses to pretend that it doesn’t apply to him.After years of advocacy campaigns by the AAA, IAFC, IAFF, and other groups to bolster the credibility of EMS with the people in Washington who control the money, sadly, in speaking with former HHS Secretary Thompson, it is evident that the cowboy mentality is known to be alive and well in EMS. This is why lawmakers listen to physicians and their opinions about EMS programs, and don’t ask EMS providers directly. It’s not that they don’t care or want to improve EMS, it’s that they don’t like the “well, I don’t like your answer so I’m going to do what I want anyway” attitude.And before you make fun of Pelosi and all things Democrat, remember – in the early 1980s, it was Reagan who eliminated the block grants from which many EMS systems derived their primary funding.

  • Ambulance Driver

    Recovering His Sense of Humor wrote:

    “Sadly, I’m sure he knows plenty about confidentiality. Apparently, he
    just chooses to pretend that it doesn’t apply to him.”

    Tell ya what, Recovering…if you can identify an actual person I’m writing about, you can say that I’m ignoring patient confidentiality laws. Until then, you’re talking out of your ass.

  • Ambulance Driver

    Recovering His Sense of Humor wrote:”Sadly, I’m sure he knows plenty about confidentiality. Apparently, hejust chooses to pretend that it doesn’t apply to him.”Tell ya what, Recovering…if you can identify an actual person I’m writing about, you can say that I’m ignoring patient confidentiality laws. Until then, you’re talking out of your ass.

  • garys

    Rarely in the course of human events has anyone written so much incorrect information is such a short space.

    First, as AD says, unless you can tell from what he wrote who the actual people are, there is no violation of any kind. We do QA on calls all the time with far more detail than AD has included and there are no violations.

    My experience has been that when someone tosses in “I have a sense of humor”, they generally mean just the opposite. Or maybe that their sense of humor should define what everyone else thinks is funny. Either way, the solution is simple. Go read someone else’s blog that is more to your liking.

    Third, the Reagan Administration invented block grants, not did away with them. The idea of block grants was to give greater leeway to state and local governments in spending grant money. Previously grants were specific and full of regulations. Since, thanks to the wonderful leadership of Dipshit Carter, the US economy was in a fairly deep whole, there was less money to go around. Reagan decided to give what money there was to the locals and let them spend it as they saw fit. Imagine that, responsibility. Then as now, humorless dopes in EMS made a poor or usually no case to the politicians who were in charge of doling out the dough.

    “We save lives” isn’t a very convincing claim unless you can prove it. Which we still haven’t quite done.

    Recovering, I feel safe in saying that as long as you are in EMS, the dark days aren’t close to over.

    Gary (and not the one in the stories)

  • garys

    Rarely in the course of human events has anyone written so much incorrect information is such a short space. First, as AD says, unless you can tell from what he wrote who the actual people are, there is no violation of any kind. We do QA on calls all the time with far more detail than AD has included and there are no violations. My experience has been that when someone tosses in “I have a sense of humor”, they generally mean just the opposite. Or maybe that their sense of humor should define what everyone else thinks is funny. Either way, the solution is simple. Go read someone else’s blog that is more to your liking. Third, the Reagan Administration invented block grants, not did away with them. The idea of block grants was to give greater leeway to state and local governments in spending grant money. Previously grants were specific and full of regulations. Since, thanks to the wonderful leadership of Dipshit Carter, the US economy was in a fairly deep whole, there was less money to go around. Reagan decided to give what money there was to the locals and let them spend it as they saw fit. Imagine that, responsibility. Then as now, humorless dopes in EMS made a poor or usually no case to the politicians who were in charge of doling out the dough. “We save lives” isn’t a very convincing claim unless you can prove it. Which we still haven’t quite done. Recovering, I feel safe in saying that as long as you are in EMS, the dark days aren’t close to over. Gary (and not the one in the stories)

  • Crusader

    Recovering paramedic needs to get a life. Or get laid. Just get fricking happy for the love of Pete, Mike & George! I worked in healthcare for 15 years. HIPAA protects privacy. YES. We can all agree with that. However, I have read every single post AD has written, and nowhere, ever, has he given explicit details regarding a patient in any way, shape or form. His partner in the EMS rig could probably read his blog and not have a clue that it was actually his partner writing it! Healthcare workers have such immense stress loads, the only way to maintain any semblance of sanity in the business is to crack jokes, to laugh at situations that are laughable, because there are way to many sad ones out there every day. Suck it up and deal RP!

  • Crusader

    Recovering paramedic needs to get a life. Or get laid. Just get fricking happy for the love of Pete, Mike & George! I worked in healthcare for 15 years. HIPAA protects privacy. YES. We can all agree with that. However, I have read every single post AD has written, and nowhere, ever, has he given explicit details regarding a patient in any way, shape or form. His partner in the EMS rig could probably read his blog and not have a clue that it was actually his partner writing it! Healthcare workers have such immense stress loads, the only way to maintain any semblance of sanity in the business is to crack jokes, to laugh at situations that are laughable, because there are way to many sad ones out there every day. Suck it up and deal RP!

  • Rabbit

    I’ve had more disclosed about myself by a clinic’s receptionist with a loud voice and a full waiting room than anyone with a blog could do. I wouldn’t cry foul if it were me.

    Regards,
    Rabbit.

  • Rabbit

    I’ve had more disclosed about myself by a clinic’s receptionist with a loud voice and a full waiting room than anyone with a blog could do. I wouldn’t cry foul if it were me.Regards,Rabbit.

  • Mr. Fixit

    Bwaa Haa Haa! Where is the popcorn?

    What the hell is he recovering from? Humorectomy?
    Sphinctoritis?

    Maybe he should get a blog, or better yet, write a book or two.

    I wouldn’t worry too much about him. I bet he is about 23, and has been riding the ambulance for at least 2 years. I bet he is near burnout.

    You had to know you couldn’t make everyone laugh.

  • Mr. Fixit

    Bwaa Haa Haa! Where is the popcorn?What the hell is he recovering from? Humorectomy?Sphinctoritis?Maybe he should get a blog, or better yet, write a book or two.I wouldn’t worry too much about him. I bet he is about 23, and has been riding the ambulance for at least 2 years. I bet he is near burnout. You had to know you couldn’t make everyone laugh.

  • A Soldier’s Girl

    You know, being anything in this world does involve coping with blogging, RP. If the military can learn to deal with bloggers and OPSEC, I’m relatively sure that AD can probably write what he does without ruffling too many feathers.

    As for violating patient confidentiality, unless you happen to live in Looseyanna and near where AD happens to make his runs, you’re probably no more informed about “Gary” and “Hank” and “Frank” than I am. And unless you know a good deal more about Looseyanna than I do, spillways aren’t a feature particular to a certain area.

    It’d kinda be like you knowing what part of Iraq I’m referring to when I say “yeah, I lived near that horrible patch of Godforsaken earth…you know, by the donkey that never moves.”

    Try hanging on to life with to Good-Grip Handles. It’s more fun that way.

  • A Soldier’s Girl

    You know, being anything in this world does involve coping with blogging, RP. If the military can learn to deal with bloggers and OPSEC, I’m relatively sure that AD can probably write what he does without ruffling too many feathers.As for violating patient confidentiality, unless you happen to live in Looseyanna and near where AD happens to make his runs, you’re probably no more informed about “Gary” and “Hank” and “Frank” than I am. And unless you know a good deal more about Looseyanna than I do, spillways aren’t a feature particular to a certain area.It’d kinda be like you knowing what part of Iraq I’m referring to when I say “yeah, I lived near that horrible patch of Godforsaken earth…you know, by the donkey that never moves.” Try hanging on to life with to Good-Grip Handles. It’s more fun that way.

  • Jake Silver

    Well, I don’t know anything about Confidentiality in your career field, but I still like reading this Blog.

  • Jake Silver

    Well, I don’t know anything about Confidentiality in your career field, but I still like reading this Blog.

  • Recovering Paramedic

    garys: Mea culpa. I was distracted as I was writing my comment yesterday and confused my facts. What I had intended to say was that direct funding through HEW was provided until the Reagan administration until OBRA ’81 rolled EMS funding into preventative health block grants without specific earmarks. This gave states the ability to accept the federal money intended for EMS and spend it on immunization programs if they wanted to.

    Ambulance Driver: I’m not going to disagree with the entertainment portion of your blog. You’ve got some good stories on here. My issue is that whether you intended to become one or not, as a public speaker and author on the broad topic of EMS, you’re a representative for the rest of the profession. Thanks to Google, what you say and the words that you connect to your “official” public image through your webpage can easily be colored by your “fun” public image. If you’re going to be a public figure, you owe it to everyone else who tries to legitimize EMS not to make their job harder by glorifying the EMS “cowboy” mentality in the present tense.

    You’re also probably right that nobody will ever complain about HIPAA on your frequent flier’s behalf, but the way you talk about him means that anyone who knows anything about your local EMS system or police department will know who this guy is whether they were on the call or not. OCR certainly has bigger fish to fry and will probably never bug you even if someone does complain. But the real answer to whether you’re fairly respecting someone’s privacy under HIPAA can often be answered by asking if a friend of the patient who wasn’t there when it happened who the rest of the call information refers to. Determining what is “individually identifiable” is a gray area sometimes, but if you have more information than necessary to describe the clinical picture and the patient can read your book and say “Hey, that’s me,” you might give him enough of a claim to get in the door of a courtroom.

    When I came across your blog I was going to roll my eyes and move on until I saw how you responded to the criticism of your nursing home post. This inability to deal with constructive criticism and open dialogue is rampant in EMS, and any time you wonder why the profession isn’t taken seriously by the rest of healthcare, look in the mirror. There’s your answer.

  • Recovering Paramedic

    garys: Mea culpa. I was distracted as I was writing my comment yesterday and confused my facts. What I had intended to say was that direct funding through HEW was provided until the Reagan administration until OBRA ’81 rolled EMS funding into preventative health block grants without specific earmarks. This gave states the ability to accept the federal money intended for EMS and spend it on immunization programs if they wanted to.Ambulance Driver: I’m not going to disagree with the entertainment portion of your blog. You’ve got some good stories on here. My issue is that whether you intended to become one or not, as a public speaker and author on the broad topic of EMS, you’re a representative for the rest of the profession. Thanks to Google, what you say and the words that you connect to your “official” public image through your webpage can easily be colored by your “fun” public image. If you’re going to be a public figure, you owe it to everyone else who tries to legitimize EMS not to make their job harder by glorifying the EMS “cowboy” mentality in the present tense.You’re also probably right that nobody will ever complain about HIPAA on your frequent flier’s behalf, but the way you talk about him means that anyone who knows anything about your local EMS system or police department will know who this guy is whether they were on the call or not. OCR certainly has bigger fish to fry and will probably never bug you even if someone does complain. But the real answer to whether you’re fairly respecting someone’s privacy under HIPAA can often be answered by asking if a friend of the patient who wasn’t there when it happened who the rest of the call information refers to. Determining what is “individually identifiable” is a gray area sometimes, but if you have more information than necessary to describe the clinical picture and the patient can read your book and say “Hey, that’s me,” you might give him enough of a claim to get in the door of a courtroom.When I came across your blog I was going to roll my eyes and move on until I saw how you responded to the criticism of your nursing home post. This inability to deal with constructive criticism and open dialogue is rampant in EMS, and any time you wonder why the profession isn’t taken seriously by the rest of healthcare, look in the mirror. There’s your answer.

  • Kaerius

    “If you’re going to be a public figure, you owe it to everyone else who tries to legitimize EMS not to make their job harder by glorifying the EMS “cowboy” mentality in the present tense.”

    Have you actually read and comprehended anything AD has written? Anything at all? Didn’t think so.

    If anything he keeps trying to disuade “cowboy mentality.”

  • Kaerius

    “If you’re going to be a public figure, you owe it to everyone else who tries to legitimize EMS not to make their job harder by glorifying the EMS “cowboy” mentality in the present tense.”Have you actually read and comprehended anything AD has written? Anything at all? Didn’t think so.If anything he keeps trying to disuade “cowboy mentality.”

  • Ambulance Driver

    Recovering,

    *sigh* We’re not going to agree on this. So let’s move on.

  • Ambulance Driver

    Recovering,*sigh* We’re not going to agree on this. So let’s move on.

  • Diamond Mair

    I’m ……………………. speechless ………………… I wonder how RP views the various books written by physicians, who theoretically “hide” their patients’ identities ……………….. oh, wait, I get it – if you have “M.D.” or “D.O.” after your name, you’re automatically above reproach, right?
    AD has established a blog that is fun, and I seriously doubt that anyone will “recognize themselves” in his stories ………………
    Having had to generate HIPAA forms, for use in various offices, under their letterhead, I can tell you, the pendulum has swung TOO far in the interests of “privacy” – if you don’t trust your healthcare provider, WTH are you doing utilizing them?
    BTW, you all DO realize there is NO Constitutional right to privacy? Try reading the Constitution someday ………………..

  • Diamond Mair

    I’m ……………………. speechless ………………… I wonder how RP views the various books written by physicians, who theoretically “hide” their patients’ identities ……………….. oh, wait, I get it – if you have “M.D.” or “D.O.” after your name, you’re automatically above reproach, right?AD has established a blog that is fun, and I seriously doubt that anyone will “recognize themselves” in his stories ………………Having had to generate HIPAA forms, for use in various offices, under their letterhead, I can tell you, the pendulum has swung TOO far in the interests of “privacy” – if you don’t trust your healthcare provider, WTH are you doing utilizing them?BTW, you all DO realize there is NO Constitutional right to privacy? Try reading the Constitution someday ………………..


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