Resident's names in a text message

Specialties Geriatric

Published

The ADON of my facility texts us when medicare charting hasn't been completed. She texts our personal phones with the full patient name and leaves voice mails with full patient names. What do you all think of this in regards to HIPAA? I'm uncertain.

What does the DON think of the texts?

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I'm not sure she's aware of them. I don't want to stir up trouble by bringing this forward...yet.

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Specializes in SICU, trauma, neuro.
The big problem I see here is holding your paycheck hostage. They cannot do that. The ADON needs to come up with a better way to get her nurses compliant. I would also tell them if they don't pay you for the hours they shorted you, you are calling the labor board in your state.

THIS. ^^^ I was going to suggest calling the dept. of labor if you don't get paid for your 11.5 hours. Hopefully HR is smarter than to actually withhold checks...they would be in an Old Faithful of hot water.

I believe what she is doing w/ the texts is risky at best, for the reasons that you stated--she has no idea who is looking at that text. At worst it could be a vio because they are sharing a name (an identifier), I assume without the resident's consent? I'd discuss it w/ your facility's privacy officer.

I would block her texts, if it were me. Out of concern for my residents' privacy of course. ;) I also don't answer calls from work unless 1) I expect one (for example, I have left a message for my supervisor or 2) unless I'm hoping to pick up a shift. I love being a nurse, but I don't work for free so won't allow my time to be invaded. Especially by someone like her.

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They now owe me 35 hours of pay. I'm calling the labor board as suggested if this is not resolved this week.

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Specializes in critical care, ER,ICU, CVSURG, CCU.

she would no longer be my ADON, for sure :)

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They now owe me 35 hours of pay. I'm calling the labor board as suggested if this is not resolved this week.

RIDICULOUS!!!!!!

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Specializes in LTC.

With the text messages and voicemails, most facilities have to have a HIPPA compliance officer. I know ours is completely unrelated to nursing. Hunt yours down and show them the text messages.

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Thank you for the suggestions. They still owe me over 30 hours pay. I haven't had the time this week to go to work early to try to straighten this out. The next chance I will get will be Monday. As far as them holding paychecks due to incomplete charting.... payday was Wednesday, and I was right in front of the ADON this past Tuesday when I heard her tell the shift supervisor that she gave HR the names of the employees of those whose checks to not hand out. So when HR hands out checks, they have a list of names of who to not give checks to. This is just so unbelievable to me. I personally haven't had a check withheld, but I'm so angry about it on principal. It takes a lot for me to dislike someone. I forgive easily and don't hold grudges. But I absolutely cannot stand this woman to the point where I came so close to quitting today just because of her. I had to step into the bathroom and call my husband to calm me down so I didn't do anything rash like walk off the job, especially because of ONE individual.

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Specializes in LTC, assisted living, med-surg, psych.

They cannot hold employees' paychecks. That is ILLEGAL and they should be reported to the labor board for it, along with shorting employees on hours.

And your ADON must have a few screws loose to think it would ever be OK to send texts with residents' names in them. In case she's stuck somewhere back in the 20th century, she needs to understand that there really is no privacy anymore---anyone could intercept those messages and do whatever they want with the information. I just finished an information privacy course for my job as a state surveyor, and there are literally a gazillion ways that hackers and other criminals can get hold of PHI and disseminate it in order to commit fraud, obtain access to peoples' bank and credit accounts, and rob them blind. What sort of idiot would purposely make it easy for them?!

Unfortunately, if you do not report her actions to the proper authorities it makes you something of an accessory to her HIPAA violations. If you're afraid to go to her boss, call your company's corporate compliance number and report her to them. Be sure to keep the texts as evidence. What she's doing is wrong on SO many levels, and she needs a comeuppance.

Good luck to you. You are going to need it.

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