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0 pointshn_throwaway_993y ago0 comments

No, it's not. That information may be "HI", but it's not "PHI", that is the "protected" part has a specific legal definition under HIPAA, and nobody in that call has any additional legal requirements based on the fact that someone said Jenny is pregnant.

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jedberg3y ago

Doesn't that depend on how they know that information? If that's Jenny's boss on the phone and she shared that with her boss so she could claim FMLA benefits and days off for health reasons, doesn't her boss have a duty to keep it private?

0x4573y ago

No. HIPAA is about sharing PHI between covered entities. P stands for Portability. Unless Jenny is working in one of those covered entities and Jenny's boss learned about her covid and pregnancy by pulling PHI - then no, it's no under HIPAA.

Her boss doesn't have a duty to keep it private in any legal sense. Jenny can ask not to tell anyone, but legally, it doesn't matter.

wizofaus3y ago

To clarify, the P in HIPAA is "portability", in PHI it's "protected". Confusingly there's also PII where it's "personally".

lazyasciiart3y ago

PHI is a technical term that means you are talking about HIPAA restrictions. Other laws can very well limit what you can share, but that doesn’t get referred to as being PHI.

sceutre3y ago

I don't think the acronym helps. I should know better but still read it as Personal Health Information in my head

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