HIPAA help

Nurses General Nursing

Published

I've been searching for some specific HIPAA rules and all I seem to find is vague guidelines on how to deal with privacy issues. Basically I am wondering how to handle family members who ask questions about my patient's condition. Some nurses that I have talked to about this tell me

1. Have family talk directly to the patient- preferred approach but what if the patient is unable to do this?

2. Ask the patient if it is okay to discuss care- works if family member is physically there but I don't know if that is okay if the person calls.

3. Direct the inquiring person to call designated family member- What if there is no clear spokesperson or POA to refer the person to?

The list goes on...

What is the best thing to do in this situation? Also does a HIPAA resource exist that in plain english spells out what can and cannot be done related to privacy? I want to protect my patient's privacy and also keep family informed. Is there a way to do both without breaking rules?

Thankyou for your advice.

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Specializes in ER/Trauma.

With a conflict between privacy and information, I'd err on the side of privacy.

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What I have done is this......

when I admit a patient, I ask the patient (or the family member who is with the patient/HCPOA) for a HIPPA password after verifying with the patient that it is okay to speak w/ family members. Then, when someone calls and wants information, I ask for the password and can speak freely if they are able to give it to me.

If there is no password, I respectfully inform the family member that it is illegal for me to disclose any information regarding the pt's condition. Most people respect this. Unfortunately, some don't and become very irate. There's not much one can do in this situation other than refer them to the contact person for that patient.

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This is a fabulous idea however our facility does not have this policy so I don't think it will work if I am the only one doing this. It's a good idea to plug to management for future consideration. Thanks

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