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Is it a HIPPA violation?



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  #31  
Old Feb 08, 2008, 02:24 PM
Registered User
Join Date: Jun 2006
Re: Is it a HIPPA violation?

i wonder if this was an after work party, ie still in uniform, perhaps they thought she WAS on duty....also, perhaps she was just tipsy enough, not to ask why they were drawing blood.....however, i am with several of you, i want the ending to the story!

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  #32  
Old Feb 08, 2008, 02:51 PM
northshore08's Avatar
northshore08 (Female)
Senior Member
Join Date: Jan 2008
Re: Is it a HIPPA violation?

(unless someone is obviously intoxicated, can't verbalize mechanism of injury, can't walk and has no one to pick them up - we draw to assess levels and determine when it would be safe to discharge the patient...we have held people for many hours).

There's your reason; that's what the doc will say. You know as well as I do that the ED staff constantly discusses the care of each and every patient behind the nurse's station, and every chart is picked up and perused. How many of you have won the bet on the alcohol level of an intoxicated pt? You don't have to access the computer to know that information at most facilities, and it's difficult to know what chart to post results on if you don't look at the lab result that just printed on the printer. Is the compliance Nazi going to fire the whole ED staff?

This situation is painful, I agree, but who did the drinking at a party populated with coworkers? It will be difficult to prove HIPAA violations when your charge nurse doesn't know what your alcohol level was, but talked with party friends about how slaughtered everybody got. You know how the talk is the day after a big party. Is there an ongoing problem with alcohol anyway? (Sorry to be devil's advocate; somebody hadda say it.)

I would follow the previous posters' recommendations and get a lawyer, but it might be an uphill battle. It's going to be interesting to see just what your charge nurse has to say, and who is present in the room during the meeting. Good luck to you--hope your ankle gets better.

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  #33  
Old Feb 08, 2008, 08:31 PM
Registered User
Join Date: Dec 2006
Re: Is it a HIPPA violation?

Let's say the CN did find out from someone at the party in something as innocent as, " We were drinking and had a blast. Shame XYZ sprained her ankle." I could see that happening with no bad intentions or harm intended.

What I don't understand is why it would be the CN's business to approach the nurse. It really wouldn't be their concern as it didn't affect their job. They were off duty, didn't harm a patient, didn't have a DUI, etc. I don't think this is a boundary that should be crossed and that is where the CN might make a big problem for the hospital. If she knows your blood alcohol level, details of exam, etc. then you will know someone shared it or she looked.

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  #34  
Old Feb 08, 2008, 09:52 PM
northshore08's Avatar
northshore08 (Female)
Senior Member
Join Date: Jan 2008
Re: Is it a HIPPA violation?

I agree....wonder if it is connected at all?

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  #35  
Old Feb 09, 2008, 01:49 PM
Altra's Avatar
RN, CEN
Join Date: Sep 2003
Re: Is it a HIPPA violation?

Originally Posted by northshore08 View Post
You know as well as I do that the ED staff constantly discusses the care of each and every patient behind the nurse's station, and every chart is picked up and perused. How many of you have won the bet on the alcohol level of an intoxicated pt? You don't have to access the computer to know that information at most facilities, and it's difficult to know what chart to post results on if you don't look at the lab result that just printed on the printer. Is the compliance Nazi going to fire the whole ED staff?

This situation is painful, I agree, but who did the drinking at a party populated with coworkers? It will be difficult to prove HIPAA violations when your charge nurse doesn't know what your alcohol level was, but talked with party friends about how slaughtered everybody got. You know how the talk is the day after a big party. Is there an ongoing problem with alcohol anyway? (Sorry to be devil's advocate; somebody hadda say it.)
This is what I was getting at ...

ER get-togethers are generally late nights and often involve some degree of hangover the next day.

We have treated co-workers and friends who have been drinking. Driving under the influence is inexcusable ... anything else generally just makes for a good story the next day.

Either we don't have the whole story here, or the OP has somehow misinterpreted this planned meeting with the charge nurse. Perhaps it's to discuss scheduling, since the ankle fx obvious curtails working for some period of time.

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  #36  
Old Feb 09, 2008, 04:24 PM
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northshore08 (Female)
Senior Member
Join Date: Jan 2008
Re: Is it a HIPPA violation?

Yep, I think it's the ankle and not the ETOH that might be the reason. We need "the rest of the story!"

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  #37  
Old Feb 10, 2008, 05:26 AM
Registered User
Join Date: Feb 2007
Re: Is it a HIPPA violation?

"We went to the ER where I work for xrays"

Do you work in the ER, or did you go to the ER at the hospital where you work (meaning that you work in an area other than ER)?

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  #38  
Old Feb 10, 2008, 10:52 AM
Registered User
Join Date: Apr 2007
Re: Is it a HIPPA violation?

How sad!! This is absolutely a HIPPA violation. (In addition to being a staff nurse I am also responsible for our EMR. Whe requested I run reports to monitor for inappropriate viewings of charts.) Our nurses / staff know not to go into any chart they need to "think twice about" going into. They will even go as far as to document a note as why they went into a chart IE: cultures reviewed and negative.

As fellow members have stated -- Why did they draw a blood alcohol level?

I would be contacting Human Resources and the Risk Manager for starters.

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  #39  
Old Feb 13, 2008, 07:14 PM
rjflyn's Avatar
Senior Member
Join Date: Apr 2004
Re: Is it a HIPPA violation?

Originally Posted by DixieNurse2244 View Post
A couple of weeks ago I went to a party with some fellow nurses. When leaving I slipped on ice and sprained my ankle. We went to the ER where I work for xrays. They drew a blood alcohol level (without telling me) and it was .9... .8 is legally drunk. I was not driving nor was I reporting for duty. I have been asked to come in tomorrow to talk with my charge nurse, supposedly about my alcohol level that night. Most nurses and ward clerks can bring that information up on the computer. Is that a HIPPA violation?
Simple answer- bringing up your information on a not need to know basis yes it is a violation.

The speculation of why you need to talk to your manager and wether it the two can be connected, that is only something that the compliance officer could tell you probably after you have talked to her. May have nothing to do with the other. The MD caring for you, who by the way had the right to the information could have called your charge nurse with the concern.

At the time you wrote this I would have consulted an attorney prior to talking to your charge nurse/boss. At the time I write this, post your meeting, I can only speculate.

Which leads me to rule #1 don't go to the ER YOU WORK AT UNLESS ITS LIFE OR DEATH, ESP IF YOU HAVE BEEN DRINKING.

Rj

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  #40  
Old Feb 14, 2008, 07:33 PM
Registered User
Join Date: Apr 2003
Re: Is it a HIPPA violation?

If the charge nurse brings up the BAC while you are talking to her, it's a definite hippa violation, because she had no business in your chart.

Also, BAC are not done on any "accident" that I have seen in my experience. They are mostly done if a significant BAC will change the plan of care.

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