Call to organ donation center post pt death

Nurses General Nursing

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Esme12, ASN, BSN, RN

1 Article; 20,908 Posts

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
How does that NOT violate HIPAA? Next of kin has not given permission to disclose patient's PHI to a third party (yet). Are they exempt from HIPAA under federal law?

It is the necessary disclosure of healthcare information in the care of that patient mandated by law.....it is a "need to know" situation.

morte, LPN, LVN

7,015 Posts

BUT Esme! there is no patient! There is no care!

It is the necessary disclosure of healthcare information in the care of that patient mandated by law.....it is a "need to know" situation.

KelRN215, BSN, RN

1 Article; 7,349 Posts

Specializes in Pedi.
How does that NOT violate HIPAA? Next of kin has not given permission to disclose patient's PHI to a third party (yet). Are they exempt from HIPAA under federal law?

In the same way that it doesn't violate HIPAA to notify an insurance company of things going on with a patient or for me to call an MD about one of my Home Health patients. It is necessary to share information with these parties just as it is to notify the medical examiner and the local organ procurement organization about a death which occurs in the hospital.

morte, LPN, LVN

7,015 Posts

apples and oranges.

In the same way that it doesn't violate HIPAA to notify an insurance company of things going on with a patient or for me to call an MD about one of my Home Health patients. It is necessary to share information with these parties just as it is to notify the medical examiner and the local organ procurement organization about a death which occurs in the hospital.

LogCabinMom

137 Posts

Totally agree...

LogCabinMom

137 Posts

Now, see, the last pt I had did die from mets cancer, and they stated that it was possible the corneas would still be viable...

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