Would it be a HIPAA violation?
I am an agent #3 for healthcare of my boyfriend. His #1 and #2 are his nephews. Hospital biz office advised me I, as a non-primary agent, cannot talk to my boyfriend's doctors in his absence, only the primary agent has that right. I am concerned about my boyfriend's mental condition. Would my disclosure to nephews of information about my boyfriend's doctors that he gave me confidentially be a violation of HIPAA?
Nathan’s Answer
If you do not meet the definition of a covered entity, HIPAA does not apply to you. Health plans, doctors, nurses and hospitals are what we normally think of when a HIPAA question comes up. A quick way to determine if you are a covered entity is whether you receive or furnish any payment in the normal course of business for someone's healthcare. From the facts you have given, most likely not.