A June 1 article, "Blue Cross Exec Tests HIPAA By
Describing $12M Patient," in Law360 provides an
analysis of a recent incident in which a Wellmark Blue Cross &
Blue Shield executive made a public comment about a patient who has
accrued $12 million in annual medical bills. The executive, who
made the comment during a Rotary Club speech in Iowa,
"possibly stepped into a Health Insurance Portability and
Accountability Act minefield," according to the article.
The article points out that under HIPAA, details about age, gender
and diagnosis are not automatically considered identifying
information as names, addresses, dates of birth and Social Security
numbers are. However, HIPAA can still be triggered if "there
is a reasonable basis to believe that the information can be used
to identify the individual."
Day Pitney healthcare attorney Eric Fader was quoted in the
article. Eric told Law360 that the Wellmark
executive's disclosure likely fell short of a HIPAA violation
but he added, "If my client did this, I would cringe a little
bit, and I would rather that they not have done it."
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