HIPAA violation or not..? - page 6

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   Patti 2nd gen RN
    We do, as a health care culture, break the HIPPA regs everyday. And we have people who forget to renew thier licenses, make medication errors that kill people--or could have, give report and don't realize someone is listening who shouldn't be (happens a lot in our facility--no separate place to give report), deal with profession drug addicts,,,etc., etc....--there was recently a line on this site--can you believe??--about people who put Percocet crushed through a central line---.where is lthe line between what is forgiven and a teaching tool and what is not? And for a student--we should be more forgiving and nurturing--for all the people that do more/just as horrendous things with bad intentions, this student had good intentions--even though they were misplaced--and she should have spoken to the woman first, and gotten someone to docuament consent---but please--if we fired every nurse every time they made an error, we would have no nurses.
  2. by   benjiernmd
    Quote from angiebabe03
    oh my, I can't believe a nursing student did this. You have to get the patients permission to inform any family member or friends of their condition. She has clearly violated the HIPPA laws. Even if she is a new nursing student HIPPA laws are usually the first thing the nursing instructors go over. She should of been kicked out of the program and she should of written an apology letter to the hosptial becuase they could have been sued for her miss doings.
    Sorry for this uncalled for correction, "should have," not "should of."
  3. by   Marie_LPN, RN
    Great, another episode of "Grammar COPS." :redlight: (That is an incomplete sentence.)
  4. by   Marie_LPN, RN
    it's not anyone else's duty or right or obligation to notify family members of anything health-related unless given permission or specifically asked
    This is true, HIPAA or not.
    Last edit by Marie_LPN, RN on Oct 22, '06 : Reason: spelling
  5. by   benjiernmd
    The concern of one relative to another person in the family is greater than that HIPAA law! I can not just find fault in this case since she is still a student and has a lot to learn. She needs our guidance and understanding, not condemnation, as she needs to understand HIPAA. O come on guys, have a heart!
  6. by   Marie_LPN, RN
    Nursing student or not, HIPAA or not, most people with common sense know that this is not their place to call someone (on the nursing desk phone) and say "Hey did you know your stepmom is here" without asking Stepmom if it was ok first. Or even the nurse taking care of Stepmom. Who's to say Stepdaughter was even the emergency contact for this pt. Who's to say Stepmom wanted anyone to know.

    Student or not, that's overstepping big time.
  7. by   mysterious_one
    Quote from Patti 2nd gen RN
    We do, as a health care culture, break the HIPPA regs everyday. And we have people who forget to renew thier licenses, make medication errors that kill people--or could have, give report and don't realize someone is listening who shouldn't be (happens a lot in our facility--no separate place to give report), deal with profession drug addicts,,,etc., etc....--there was recently a line on this site--can you believe??--about people who put Percocet crushed through a central line---.where is lthe line between what is forgiven and a teaching tool and what is not? And for a student--we should be more forgiving and nurturing--for all the people that do more/just as horrendous things with bad intentions, this student had good intentions--even though they were misplaced--and she should have spoken to the woman first, and gotten someone to docuament consent---but please--if we fired every nurse every time they made an error, we would have no nurses.

    I agree,I am amazed at the condemnation and judgement that is going on here, I hope not one of you will ever make a mistake in your nursing career. I come from Europe and when I first came to the US , I was perplexed to see how quickly everyone get sewed for everything around here. But I see that even amongst themselves in a profession there is just no forgiveness . Did she make a mistake? Yes, do we know the whole story? NO! We should not jump to conclusion and even if I made that mistake, I sure hope that I would be able , especially as a student get a sec. chance. Look around this site, what about med errors, aren't those way more dangerous, no one cried there: fire her, fire her. HOpe you guys never have a brain fart or something like that.
  8. by   Marie_LPN, RN
    Quote from mysterious_one
    I agree,I am amazed at the condemnation and judgement that is going on here, I hope not one of you will ever make a mistake in your nursing career. I come from Europe and when I first came to the US , I was perplexed to see how quickly everyone get sewed for everything around here. But I see that even amongst themselves in a profession there is just no forgiveness . Did she make a mistake? Yes, do we know the whole story? NO! We should not jump to conclusion and even if I made that mistake, I sure hope that I would be able , especially as a student get a sec. chance. Look around this site, what about med errors, aren't those way more dangerous, no one cried there: fire her, fire her. HOpe you guys never have a brain fart or something like that.
    I commented based on what the OP said, knowing that the "whole" story isn't there.

    Speaking of judgments, the quoted post contains its fair share.
  9. by   jov
    Quote from RNgrad2008
    what are your thoughts on this?
    OP asked two questions:
    HIPAA violation or not?
    what are your thoughts on this?

    so I think all the comments so far have been answering those questions...
    some people think it is no big deal. Some people think it is terrible.
  10. by   ginger58
    Thank you for your very civilized response and the reminder that HIPPA really pertains to electronic transmissions and to make information available between providers.
    I've never experienced such a lynch mob mentality as on this post!
  11. by   kukukajoo
    HIPAA is WAY more than electronic transmissions. It sets rules and limits to who has access to your information and protects the patients privacy and civil rights amongst other things.

    Here is a link that will answer any questions and also has the text. We studied it extensively in Law & Ethics for the Medical Professional class.

    http://www.hhs.gov/ocr/hipaa/
    Last edit by kukukajoo on Nov 3, '06
  12. by   twotrees2
    Quote from slou!
    Okay I don't have a reaction to the story, but I have a question. Is HIPAA a law that prevents a nurse or doctor or aide or whoever from communicating ANY of a patient's medical information to ANYONE? If I'm correct, then what about when people go to the hospital to visit a patient, and the doctor or nurse informs them of their condition? Is that a violation? How is that different? Surely every patient doesn't have a list of people who they can release medical information to before they go in, right? Sorry, like I said, I don't even know what it is so I'm just trying to clear it up. I'm a freshman nursing major so I haven't done any clinicals yet, and won't until junior year! Thanks

    i tell no one unless they are on the list and have been accosted by some really angry sons daughters grand kids etc- i check and if they are NOT on the list then i explain to them they have to get permission from the person or POA - i need to hear from the person or POA before adding them to the list. also - if they call and say did they admit a person named so and so i will tell them i can not answer yes or no they wil have to contact the family to see where they are - if they specifically ask for so and so then you know they know they are there - then we go on to checking if they are on the list.
  13. by   twotrees2
    Quote from 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.
    hippa applies even off the floor - we can not go out and talk about it outside the workplace either. one question for the OP - did the step mom while chatting maybe say something like i should call my stepdaughter but i dont know what to tell her so she offered to call or did the step mom outright ask her to do so- if so this could be why she is back in the program.

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