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Ethical Issue - Would this be a HIPAA violation?



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  #1  
Old Mar 28, 2008, 07:47 PM
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Join Date: Dec 2006
Ethical Issue - Would this be a HIPAA violation?

I had the pleasure of taking care of the cutest little ole lady for 2 days in clinical. She was my only patient so I spent a lot of time in her room talking with her. This lady was in the hospital for pneumonia, plus she got a kidney transplant from a relative. She had to get a biospy yesterday after I left.

Today, I was on my way out while the doctor was coming in. The patient wanted me to stay with her while the doctor delivered the news of her biospy, her transplanted kidney had a lot of scar tissue and it's a big possibility she will have to go back on diayalsis. She was devasted. She pleaded with the doctor to come up with another solution. This little ole lady was just so positive for the 2 days I cared for her, I started to tear up myself, but kept my composure and kept it professional.

I told the patient I was so sorry to hear that and gave her a hug. She wanted me to come back and see her and meet some of her family members. She even invited me to a family picnic.

I told her I couldnt come back to see her, as my clinical time was up (although I do attend school at the hospital I do clinicals). I told her I couldnt attend her picnic either, it was against policy.

This lady really touched me. I find myself thinking about her and how she's coping. I was wondering would it be a HIPAA violation if I sent her a get well card? I just want her to know I'm still rooting for her and she's not easily forgotten.

Your thoughts?

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  #2  
Old Mar 28, 2008, 09:03 PM
Senior Member
Join Date: Apr 2003
Re: Would this be a HIPAA violation?

No. HIPAA violations occur when you share info or go snooping.

Do NOT use your own return address if you send a card, use the school's.

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  #3  
Old Mar 28, 2008, 09:13 PM
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Join Date: Oct 2001
Re: Would this be a HIPAA violation?

Why not ask your instructor if this would be OK? Even though it is probably not a HIPAA issue, your school may have a policy about communicating with patients.

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  #4  
Old Mar 28, 2008, 11:20 PM
Turd.Ferguson's Avatar
Senior Member
Join Date: Aug 2005
Re: Would this be a HIPAA violation?

Code:
She even invited me to a family picnic.
Assuming from your writing that the lady is going to be discharged to home, it would be a violation to get the lady's home address from her chart in order to mail the get-well card.

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  #5  
Old Mar 28, 2008, 11:30 PM
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Join Date: Apr 2003
Re: Would this be a HIPAA violation?

Originally Posted by Turd.Ferguson View Post
Code:
She even invited me to a family picnic.
Assuming from your writing that the lady is going to be discharged to home, it would be a violation to get the lady's home address from her chart in order to mail the get-well card.
Why? HIPAA is about protected MEDICAL information. Since when is an address medical info?

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  #6  
Old Mar 29, 2008, 01:13 AM
Turd.Ferguson's Avatar
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Join Date: Aug 2005
Re: Would this be a HIPAA violation?

Code:
HIPAA is about protected MEDICAL information. Since when is an address medical info?
There is a common misconception that HIPAA protects only medical information. In actuality, the HIPAA privacy regulations are about PHI (Protected Health Information). An address is certainly protected information (see section 164.514 of the Code of Federal Regulations). A good explanation of what is considered protected health information is at

http://privacyruleandresearch.nih.gov/pr_07.asp

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  #7  
Old Mar 29, 2008, 12:32 PM
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Join Date: Dec 2006
Re: Would this be a HIPAA violation?

Originally Posted by Turd.Ferguson View Post
Code:
She even invited me to a family picnic.
Assuming from your writing that the lady is going to be discharged to home, it would be a violation to get the lady's home address from her chart in order to mail the get-well card.
I wasnt gonna send her a good well card to her house. I was gonna send it to the hospital. I personally wanted to give it to the volunteers to take to her room. How is that a HIPAA violation?

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  #8  
Old Mar 29, 2008, 12:34 PM
Altra's Avatar
RN, CEN
Join Date: Sep 2003
Re: Would this be a HIPAA violation?

Originally Posted by nurse2be09 View Post
I wasnt gonna send her a good well card to her house. I was gonna send it to the hospital. I personally wanted to give it to the volunteers to take to her room.
A good idea. But do check with your instructor first. There are some seemingly weird policies out there, but they all have their roots in good intentions gone awry.

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  #9  
Old Mar 29, 2008, 12:46 PM
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Ms Kylee (Female)
Wild Irish Rose
Join Date: Oct 2006
Re: Would this be a HIPAA violation?

Originally Posted by MLOS View Post
A good idea. But do check with your instructor first. There are some seemingly weird policies out there, but they all have their roots in good intentions gone awry.
That's why I won't send sympathy cards to patient's family members that I have taken care of that have passed. I won't go to the funeral home or funerals either. I don't want to run the risk of jeopardizing something that I'm working so hard for.

Your intentions are sweet though.

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  #10  
Old Mar 29, 2008, 02:29 PM
Registered User
Join Date: Jan 2006
Re: Would this be a HIPAA violation?

I'm not concerned so much about the HIPAA violation as I am with the inappropriate attachment to the patient, and that the patient has with you.

We all have patients that we remember and have touched our lives in a personal way, but part of becoming a professional is learning how to separate ourselves and end our therapeutic relationship when it is time to do so. In this case, the end of your clinical weeks was the time to end your relationship with this patient. You did the right thing by saying no to the family picnic invite - but I know that it is still upsetting you, just by the tone of your post.

It's impossible to let every patient we come in contact with become a part of our lives outside our assigned shift. The human psyche just isn't equipped to deal with that kind of information and emotional overload. That's why the rules are there.

I urge you to discuss this with your instructor - or someone else who can provide better insight into helping you learn to separate clinical with your personal life. I promise that you won't lose yourself and all the things that will make you a competent, caring professional.

Take care,

Blee


Last edited by Blee O'Myacin : Mar 29, 2008 at 02:32 PM. Reason: getting the facts straight..
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Ethical Issue - Would this be a HIPAA violation?

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