HIPAA violation wanted more responses

  1. Just recently my friend and recovering narcotics abuser (ONLY used 90 days) had to be hospitalized for emergency surgery at the same hospital she was terminated from last fall. After 2 days on her old floor her old nurse manager walks into her room and said she just realized she was there and was having her moved from the surgical wing. Not to another floor but to another building! The NM ask if it was OK to move her and my friend said no she was fine there and was not embarrassed (been clean 6 months YEAH!!). She has been found to have pancreatitis divisum, gall bladder sludge and ulcerative colitis that was septic at the time. At the time the physicians working with her told her they were 90% sure she had sclerosing chongalitis (terrifying). She is a 25 year old single mom with a possibly fatal desease and they are checking out her chart and moving her around the hospital to protect themselves. There is an ongoing investigation from the events surrounding her termination. This seemed pretty self serving to me since the NM that took the action was been named in the investigation. I have instructed her to acquire an attorney because I believe this to be a HIPAA violation.
    Last edit by pollyanna83 on Apr 23, '09 : Reason: needed bold
  2. 20 Comments

  3. by   caliotter3
    Poor judgement on the part of the patient for not going to a different hospital. If ever there was a case for conflict of interest, there is one here.
  4. by   pollyanna83
    You probably missed the part about her emergency admittance. 103.7 fever and non-responsive may clarify it for you. Unfortunately she did not have a choice her specialist are on staff there also. She could have however stayed home and died, bleeding from every orafice, and saved everyone the trouble.
  5. by   caliotter3
    Once stabilized, there is no reason why she couldn't demand to be moved. When my daughter was at the ER after a car accident, I removed her to another hospital when something untoward happened. Nobody stopped me. When I was emergent, I was coherent enough to go to the hospital I wanted to go to. Not unheard of. Your response is overboard as I see it.
  6. by   solneeshka
    Isn't she better off being moved to a different location? Why stay there if she can be moved some place and be cared for by a unit that didn't fire her?! Especially if there is an ongoing investigation about it, I would think everyone (especially your friend) would be better off in a different facility.
  7. by   getoverit
    Sorry about your friend. But I'm not sure where you feel there was a HIPAA violation? Are they moving her around because of the ongoing investigation? It may be ethically questionable, but I'm not sure it actually constitutes a HIPAA violation.
  8. by   pollyanna83
    Why would she demand to be moved from the best hospital and specialist to treat her situation? The answer would be to make a group of nurses feel more comfortable. She, afterall was the patient. The actions of the NM may cost the hospital and could be reported to the BON. The patient had no responsibilites in that situation other than to obtain the best treatment she could get and survive.
  9. by   Batman24
    I don't see a HIPAA violation here. Your friend stated she wanted to stay where she currently was and it appears to have ended at that. I don't see why she would be contacting an attorney about a HIPVV violation here nor do I see why the BON would need to be notified in this particular situation.
  10. by   pollyanna83
    Obtaining medical information (even about an admittance) for personal use is a HIPAA violation. Using that information and having a patient moved (againest a physicians advisement and without his knowledge) can only be explained by the need to protect the management and the facility. That could be actionable. If the hospital administrators had come to her and not the person named in the investigation the situation would not be so suspect.
  11. by   pollyanna83
    She was moved againest her will. Please read. She did not agree to the move and they moved her to a completely different building and not even to a surgical wing.
  12. by   november17
    You sure do post about your "friend" a lot - and in great detail.
  13. by   ®Nurse
    pollyanna - your thread posting sounds ripe for the input of an attorney that is familiar with HIPPA law. You're barking up the wrong tree if you're looking for legal advice on this website.

    May I politely suggest that you suggest to your friend that she consult with an attorney so that she may ease her mind and focus on getting better.
  14. by   pollyanna83
    I'm very close to her and twice her age. But thanks for asking I feel your concern for her well being. I hear a lot of fear in these responses. What I don't hear is concern for the rule of law. My friend is very lucky to have an old 30 year sober retired nurse to confide in. Helping her stay clean and retain her license and career has become priority one for me. She is a gifted nurse and a remarkable mother. Perhaps if she had not been victimized by misdiagnosis last summer of her congenital defects she would not have felt the need to abuse in order to continue working and supporting her child. I try not to judge her. Ironically, the standard treatment for her painful condition is mass dosages of narcotics that she cannot take now. There is a lot of self preservation in nursing today and patient care often suffers. I remember a better day and better nurses.