Home
Topics
Security Audit, Compliance and Standards
HIPAA
Who has rights to patient information under HIPAA?

Ask the Expert

Who has rights to patient information under HIPAA?

Mike Rothman, Contributor

I work as the Nursing Quality Improvement Coordinator for a hospital. Our HIPAA coordinator has told me that I have no right to access patient files. As the Nursing QI, I do investigate incident reports, and of course we collect data for compliance with CMS control monitoring. Do I have the right to patient information as a QI person?

Requires Free Membership to View

Login

By submitting you agree to receive email communications from
TechTarget and its partners. Privacy Policy Terms of Use.

There is no simple answer to that question. HIPAA is pretty nebulous about who should access specific types of data, so that really puts the decision in the hands of whichever auditor shows up to evaluate the controls and processes that protect patient data.

This question is essentially about right and wrong. Unless there is a clear need for a QI to access patient information, then he or she shouldn't. Period. If the QI is conducting an investigation, driven by either an incident or as part of a process improvement initiative, then it might be acceptable. However, the patient should be notified ahead of time, and give his or her permission to proceed.

Yes, that's a hassle. And yes, it's possible to structure the HIPAA notification to allow access to the patient's data under certain circumstances. But that doesn't make it ethically right. The question is: What's best for the patient? Would he or she want a QI rummaging through his or her data? Probably not.

More information:

Does an off-site employee exit interview violate HIPAA guidelines?
Collecting consumer social security numbers: Is it HIPAA compliant? Read more.

More News and Tutorials

Articles
Sponsored Articles
- Taking An Integrated Approach To Patient Care
- Delivering Successful EMR Solutions Via The Cloud
- Three Options for Optimizing Flash in Your Storage Infrastructure
- Five Strategies for Using Flash in Your Next Storage Project
- CERN Unlocks Secrets Of The Universe With NetApp Storage

Related glossary terms

Terms for Whatis.com - the technology online dictionary
- HIPAA business associate

This was first published in July 2008

Join the conversationComment

Share

Comments

Results

Contribute to the conversation

All fields are required. Comments will appear at the bottom of the article.

Back to top

More from Related TechTarget Sites

Cloud Security
Consumerization
Financial Security
SMB Security
Security AU
Security IN
Computer Weekly

Cloud Security
- Storing data in the cloud: Addressing data location security issues
  
  When storing data in the cloud, ignoring the physical location of cloud data is a major mistake. Learn how to prevent data location security issues.
- An introduction to enterprise hybrid cloud security
  
  A custom cloud infrastructure requires a special set of security controls. Get advice on how to implement hybrid cloud security the right way.
- SOC 2 reports: The de facto cloud provider security standard
  
  They're not perfect, but SOC 2 reports are becoming the baseline for cloud provider security assessments. Expert Dave Shackleford discusses.
Consumerization
- Rich mobile platforms vs. mobile Web-based services
  
  One big debate right now is whether employees should use local applications or mobile Web-based services. There are use cases for each kind of app.
- NAC security becoming critical infrastructure component for BYOD
  
  Organizations are warming up to NAC security products due to popularity of BYOD for robust device security and better systems integration.
- Managing endpoints is about monitoring access, not device control
  
  Managing endpoints in the BYOD era isn't easy, and you have to come at it with the right attitude. Focus more on access and less on device control.
searchFinancialSecurity
- PayPal CISO: Laws must foster better cybersecurity information sharing
  
  PayPal's Michael Barrett says many firms fear misuse of shared cybersecurity data. He also discusses the evolution of PCI DSS and mobile payment security.
- Cybergang plans to use Trojan against U.S. banks
  
  A cybergang in Eastern Europe revealed plans to attack U.S. banks with a Gozi-like Trojan, according to RSA.
- Improved Shylock Trojan targets banking users
  
  The latest variant of the banking Trojan is causing numerous problems, Symantec said.
searchMidmarketSecurity
- Windows Phone 7 security: Assessing WP7 security features
  
  Windows Phone 7 security features are proving to be a mixed bag. Sam Cattle assesses the enterprise security pros and cons of the latest Windows mobile platform.
- Choosing the best security certifications for your career
  
  Whether starting your career or planning your next step as an IT security professional, this tip will guide you toward the best certifications for your interests and experience.
- Midmarket security tutorials
  
  SearchMidmarketSecurity.com’s tutorials offer IT professionals in-depth lessons and technical advice on the hottest topics in the midmarket IT security industry. Through our tutorials we seek to provide site members with the foundational knowledge needed to deal with the increasingly challenging job of keeping their organizations secure.
searchSecurityAU
- Black Hat 2013: Experts urge elliptical curve cryptography adoption
  
  A session by a team of crypto experts at Black Hat USA 2013 argued that RSA and Diffie-Hellman should be abandoned in favor of ECC.
- New advanced persistent threat protection: Beyond perimeter defense
  
  Firewalls and antivirus are ineffective in the face of APT attacks. Expert Nick Lewis offers suggestions for advanced persistent threat protection.
- Cisco spends cool $2.7 billion in Sourcefire acquisition
  
  In biggest security acquisition since 2011, Cisco has announced it will buy IDS maker Sourcefire for $2.7 billion.
Information Security
- Indian banks step up security amid mobile banking acceleration
  
  The Indian banking system is at the begining of a new era, driven by mobile technology, but the widening of access to banking services brings with it security risks
- Web app attacks demand automated defences, study finds
  
  Automation is the most effective way to tackle multiple prolonged cyber attacks on web applications, a study has confirmed
- BlackBerry ready to enable India to track messages
  
  BlackBerry is ready to provide Indian law enforcement authorities with a way to track emails, email attachments and chats sent over its services
Computer Weekly
- Government to put 50% of all new IT spend through SMEs
  
  The government wants to put half of all new IT spending through small IT suppliers – doubling the previous target
- CIO interview: Mike Timlett, CitySprint
  
  Mike Timlett's career as an IT director has tracked the rise of mobile technologies that empower new business processes
- Cisco incubator to connect UK startup clusters
  
  Cisco is launching its National Virtual Incubator to harness innovation and incubation across the UK.

All Rights Reserved,Copyright 2000 - 2013, TechTarget