--- In hipaaems@yahoogroups.com, "emtpkelly" <cfems@...> wrote:
>
> I am interested in hearing how others handle ride-alongs who are not
> members of the agency: EMT or paramedic students, prospective members,
> citizen observers, even members of the news media. Do you allow them?
> If so, who do you allow and what HIPAA provisions do you have in
place?
>
> Thanks,
> Jim
>

In the back of my mind when I started this thread was a particular case
from 2005.

First, some background for those unfamiliar with the case. After a
complaint to the US Department of Health & Human Services Office of
Civil Rights (OCR), Washington, DC Fire & EMS was told by OCR that they
effectively had to discontinue their ride-along program. OCR's stance
was that patient authorization was required prior to any disclosure to
non-member ride-alongs. But, as OCR observed, DCFEMS would have no
opportunity (nor would any 911 responder) to identify patients in
advance to seek authorization. So, therefore, the only conclusion OCR
could make is that the program must be discontinued.

After we heard about this case, we conducted our own internal review of
our ride-along program. From the beginning of our Privacy Rule
compliance we have treated ride-alongs as members of our workforce, as
defined by the Privacy Rule. And as members of our workforce, they
received training appropriate to their ride-along experience. We
concluded our policy and practices were acceptable.

A subsequent JEMS article by Doug Wolfberg and Steve Wirth (January
2006) questioned the OCR ruling and effectively affirmed our position.
Doug and Steve concluded that OCR had overreached with its response.
They concluded that "ride-along programs ... are permissible if done
properly." And a critical component of doing them properly is assuring
that ride-alongs receive appropriate training, as Joe and Dwayne's
agencies do.

So I and at least one other group member who responded to me privately
are curious: What is the status of this particular case? Did OCR ever
back down? What is DCFEMS doing now? Have others heard of similar
complaints and similar (attempted) actions by OCR, or for that matter,
any more general guidance to the industry?

Thanks,
Jim