HIPPA Violation?

EDrunnerRN · Mar 1, 2011

In the ER I work at we receive many of these phone calls. Normally they ask if so and so is in the ER and as long as they have not blocked their information we can say "yes" or "no." If more information is requested I normally have the family come to the phone or return the call. Even though we are only trying to help, patient privacy is something to be taken serious and our patients trust us to keep their information private. As far as giving out lab values that is something I only do if requested by the MD, out of the RN scope to interpret. In your situation, it doesnt sound like you will be reprimanded. Maybe just a wake up call, next time could be worse?! I would definately check out the policy where you work to find out just what information you can and cannot give out.

roser13, ASN, RN · Mar 1, 2011

In my facility, this is a reportable incident. Not to assign blame, but simply to report that a HIPAA violation has occurred.

Any way that you look at this situation, a violation has occurred. A patient's PHI has been released without authorization. There is simply no way around that.

BabyLady, BSN, RN · Mar 1, 2011

Working in private practice - patient's sister calls describing herself to be patient....new patient that has never been seen before. Sister requests path report results, thinking this is the patient, information was provided. At end of conversation, patient's sister tells you 'I am actually her sister and I was just trying to clear up some information for her. Since there is a problem with transportation we will have to reschedule.' You ask when she would like to reschedule patient's sister tells you she has to look at her calendar and find a day and time she can bring her to clinic.
Is this a HIPPA violation?

I have a different question..

Why was someone giving results on a test to someone that no one had ever examined in the practice before?

Not something I would do.

steelcityrn, RN · Mar 1, 2011

Yes, as the Op describes it, even though the person did seem to misrepresent herself, this is a classic Hippa in that information was told over the phone without identification. I liked the one idea of taking the name and phone number to have the physician return the call. Of course, he may end up giving results to the wrong person also. I don't think you have anything to worry about, as the phone call seemed very polite and nothing was mentioned about giving information. A real disaster would have been at the end of the conversation, that person tells you that you gave her sisters information out, and never really second guessed the caller.

BabyLady, BSN, RN · Mar 1, 2011

Yes, as the Op describes it, even though the person did seem to misrepresent herself, this is a classic Hippa in that information was told over the phone without identification. I liked the one idea of taking the name and phone number to have the physician return the call. Of course, he may end up giving results to the wrong person also. I don't think you have anything to worry about, as the phone call seemed very polite and nothing was mentioned about giving information. A real disaster would have been at the end of the conversation, that person tells you that you gave her sisters information out, and never really second guessed the caller.

A HIPAA violation is failure to maintain privacy with regards to records and some level of judgement needs to be exercised.

My doctors office will CALL ME with test results...because when I was admitted to his office, I signed a document where I filled out my e-mail address and my phone number and checked where it was secure to give medical information at THAT particular phone number.

But I CANNOT call my doctor's office and get results by phone...ever. They always have to check the file and call me back...again, deferring to the information that they know I completed where I was in the office...they will not give test results at any other phone number than the one I filled out. If you get your phone cut off...too bad, that will require a trip to the office to get your results.

What the OP described was a clear HIPAA violation and the very essence of what we are supposed to protect.

1. The patient has never been seen in the physicians office...so results of any kind, unless given by the physician, is not appropriate.

2. Bare minimum effort to protect the security of the information, was not utilitized...ANYONE can call a physician's office and claim to be the patient...the same with calling a hospital.....this is not going to be a defense if the patient finds out later she did not want her information shared.

Esme12, ASN, BSN, RN · Mar 1, 2011

Working in private practice - patient's sister calls describing herself to be patient....new patient that has never been seen before. Sister requests path report results, thinking this is the patient, information was provided. At end of conversation, patient's sister tells you 'I am actually her sister and I was just trying to clear up some information for her. Since there is a problem with transportation we will have to reschedule.' You ask when she would like to reschedule patient's sister tells you she has to look at her calendar and find a day and time she can bring her to clinic.
Is this a HIPPA violation?

It's HIPAA............. The Health Insurance Portability and Accountability Act (HIPAA). NOT HIPPA!

Familiarize yourself.....PLEASE!

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf

The sister was way out of line......your are probably ok as she lied and you have no way of knowing. This is why some MD's have resorted to only divulging test results in the office to assure they have the right person....

steelcityrn, RN · Mar 4, 2011

OH my goodness, Hippa ..lol...Did not see I followed the croud...DAHHHHHHHHHHHHHHHHHHH