HIPAA violation or not..? - page 2

There is a huge ordeal in my clinical group. I have managed to stay out of it (thankfully I wasn't there when it happened and haven't been forced into getting involved), but was wondering what you... Read More

  1. by   locolorenzo22
    HIPPA covers so many aspects in many details, it's tough to say. Working in a MI home, we have certain aspects during family careplans we do not go over, because of the embarassing nature of the goal(be free of s/s of STDs for next 3 months, etc.)
    Regardless, I find it appalling that the student called her friend to divluge privledged information. Maybe the dad was planning to tell them, maybe they didn't want anyone to know, maybe they'd had a falling out, etc....
    She should be kicked out, regardless. Most pre-clinical orientations state a HIPPA part to them. Ours says we are not allowed to obtain any identifying info except for resident initials....and the rights of the patients come first. Geez....some folks like to think their being helpful. If you have to share, why not wait until you're off the floor? I hope they get rid of her, period. Good lesson to learn.
  2. by   Lisa CCU RN
    I think kicking her out is a bit harsh.
  3. by   kukukajoo
    I would say ignorance of the law would be an excuse if they hadn't covered it or covered it accurately enough prior to clinicals. But I can gurantee she will NEVER make that mistake again and neither will anyone in her class for that matter.
  4. by   WDWpixieRN
    We saw videos, and were talked to about HIPAA before we ever set foot in the hospital....and anyone who's seen a dr. in the past 3 or 4 years, or whatever, HAS to have been given one of the endless supply of HIPAA notifications that has helped deplete a forest somewhere!!

    We were clearly told that if we did anything to violate these laws OR take any printed info out of the hospital w/pt info on it, we would be OUT, period.

    This is really a very sad situation....
  5. by   slou!
    Actually, I'm going to answer part of my own question. I got just my School of Nursing Undergraduate Handbook today and I was browsing through it and I found a paragraph on HIPAA. We are required to read it and sign it, and although I have not taken any nursing classes yet, just pre-reqs, I'm sure I will learn much much more about it, like in Nursing 101, which I take next semester.

    I still have one question though.. I don't understand how if you go to a hospital, and there are visitors there, doctors and nurses are allowed to go up to them and explain the patient's status and health problems. Wouldn't that be a violation? Thanks!
  6. by   allthingsbright
    Quote from RNgrad2008
    There is a huge ordeal in my clinical group. I have managed to stay out of it (thankfully I wasn't there when it happened and haven't been forced into getting involved), but was wondering what you guys thought about this.

    The week before last in clinical, one of the students went to the nurses desk, called a friend, and told them that their step-mother was in the hospital with pneumonia and it looked pretty bad. The student did this in front of 2 students, a nurse (or more?), a doctor, and the unit secretary.

    She was turned in for violating HIPAA and was told by the hospital that she was not welcome back. Our clinical instructor told her to go home. She was later notified by the department that she had been dropped from the program.

    She appealed, of course, and continued to attend class.

    Her clinical review was last Thursday and this morning she was in class for our test... so I guess she is still in..

    what are your thoughts on this?
    Um, yeah! This is definitely a huge problem and she would have been tossed out on her booty from our program. As far as it not being covered? I HUGELY doubt that. We have had to sign our lives away over confidentiality and HIPPA before even setting foot in the hospital.

    Actually, I have seen people get kicked out for less...This is a huge liability for the hospital and could cost them thousands of dollars, could cost your school their clinical placements with them, etc.

    Continue to stay out of it--and don't ever do anything like it yourself! You want to :mortarboard: , right????

    GL!
    Last edit by allthingsbright on Oct 16, '06
  7. by   allthingsbright
    Quote from jov
    as they say in court - Ignorance of the law is no excuse.
    :yeahthat:
    Last edit by allthingsbright on Oct 16, '06 : Reason: placement
  8. by   Marie_LPN, RN
    The week before last in clinical, one of the students went to the nurses desk, called a friend, and told them that their step-mother was in the hospital with pneumonia and it looked pretty bad. The student did this in front of 2 students, a nurse (or more?), a doctor, and the unit secretary.

    She was turned in for violating HIPAA and was told by the hospital that she was not welcome back. Our clinical instructor told her to go home. She was later notified by the department that she had been dropped from the program.

    She appealed, of course, and continued to attend class.

    Her clinical review was last Thursday and this morning she was in class for our test... so I guess she is still in..

    what are your thoughts on this?
    Doesn't mean she's welcome back for the clinical site though.

    And hopefully she won't be, either.

    Our rules in school were very clear and to the point about things like this. If your school's rules are as well, then, sorry, i don't think it's harsh.
    Last edit by Marie_LPN, RN on Oct 16, '06
  9. by   traumaQN
    This is our first semester in the RN program.

    Our first theory test covered HIPAA and we took it before we even started clinicals.

    We were also required to watch a video and go through hospital orientation at 2 different hospitals and sign agreements that we understood what HIPAA was.

    So, she was fully aware... we had 3 days of HIPAA.. plus she used to be some kind of nurse in the Navy..
  10. by   HeartsOpenWide
    Quote from jov
    This is one of the clearest examples of a HIPAA violation I've seen yet. Health care workers are NOT to release privileged medical information to anyone other than the patient, without the patient's direct (written) consent. Unless she can document that the stepmother asked her to do that, I think she is up the HIPAA creek without a paddle. It is not the nursing student's job to communicate medical information to the family about a patient. It's pretty clear what HIPAA requires. I don't see why she would still be in the program.
    :yeahthat:
    and to do it so blatantly in front of people.
  11. by   traumaQN
    And to use the phone at the nurses station.. I wouldn't dare touch that phone..
  12. by   traumaRUs
    HIPAA is very real and very strict: unless the pt has given consent or is incompacitated and/or has a power of attorney, we are not to provide info to ANYONE. This goes for other healthcare providers who are not directly providing care the patient.
  13. by   JentheRN05
    No a dr can't tell visitors about a patients condition without their specific permission to do so. Now - if the visitors are in the room when the doctor is delivering the news, then it would be prudent for him to ask them to leave, because it would NOT be appropriate for him to ask the patient for their permission with various people in the room. Same with a nurse.
    Basically I would start a confidential conversation like this
    'Mrs. B I have the results of your test. But since you have company, I can come back later or would you like me to discuss it privately?' It is the patients responsibility to say 'oh no - it's okay this is my daughter - you can tell her' Not anyones but the patients decision. If the patient is not conscious, for example, sedation, or whatever - they sign a waiver at the beginning of hospital stay which states who can be privy to their personal information.
    If it was an accident. It would be the patients immediate family member who would be involved becoming at that point the patients advocate (if so necessary) or be given the specifics. I can't tell you for sure about the unconscious upon arrival patient though. I'm sure they contact the next of kin and bring them in. Because someone has to sign the admission forms.
    In either case - a patient generally signs the admission forms which in them designates who can and can't be talked to.

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