HIPAA and Advocate for competent patient - page 4

by akn1563

3,099 Visits | 33 Comments

I have been an RN for about a year and a half now and I have recently started on days on a cardiovascular step down unit. I had a 29y.o patient who was completely alert oriented and competent. A patient's family member (aunt)... Read More


  1. 1
    I don't think you are entitled to anything over the phone, if they can not determine who you are.
    Quote from Susie2310
    My post above referred to information I am legally entitled to. The law is on my side. I'm sorry you don't like that.
    GrnTea likes this.
  2. 0
    Quote from MunoRN
    ***** "If the patient is present and has the capacity to make health care decisions, when does HIPAA allow a health care provider to discuss the patient’s health information with the patient’s family, friends, or others involved in the patient’s care or payment for care? If the patient is present and has the capacity to make health care decisions, a health care provider may discuss the patient’s health information with a family member, friend, or other person if the patient agrees or, when given the opportunity, does not object. *****A health care provider also may share information with these persons if, using professional judgment, he or she decides that the patient does not object. In either case, the health care provider may share or discuss only the information that the person involved needs to know about the patient’s care or payment for care. "
    ****Pt in OP's post didn't want to discuss information; so OP still had a right to follow through as they did. Sounds like the pt makes his own health decisions. The fact remains per the OP, the pt didn't want to discuss it; in addition, there are instances where PP's gave excellent examples of why they do not give out information on the phone.

    If facilities had the unfortunate issue where they've had issues discussing PHI, and they want to ensure that PHI is protected; then the facility has that right to do so in order to comply.

    I've had pt's in situations that they had a list, and codes, etc.,and wasn't in the system for anyone to find; for pt safety, the understanding was for all information was to be shared with people present.

    Where I currently work; we always involve the pt in deciding whether to share the information; if the pt declines if they are AAO x3 and say NO, they are the ones to tell the person seeking information.
  3. 0
    Quote from applewhitern
    We don't discuss the patient on the phone, period. They have to be there in person, unless they have a code to identify themselves with. Yes, if they want to see labs, physician progress notes, etc., they have to go thru medical records. Anyone can call and claim to be a relative or POA; how do you know who is really on the phone?
    I know I'm just a student, but this seems ridiculously restrictive. I also see nurses speaking to family members on the phone in the hospitals often (calls in and calls out). I think I'll just verify this when I get my job as to policy at the specific hospital since it appears there is a wide range of responses
  4. 0
    Quote from morte
    I don't think you are entitled to anything over the phone, if they can not determine who you are.
    Read the link MunoRN provided on common questions about HIPAA, point #4 for information on sharing health information over the phone. Then read my first post where I said in my particular case I had the POA and another document authorizing me to advocate for my family member and receive any/all protected health information. I had been by my family member's bedside and had spoken with the nurse, and it would be reasonable to expect that when I telephoned the unit that same nurse would make a good faith effort to identify me, as the nurse did - he/she was able to remember my voice and details of the care he/she had just provided for my family member in my presence. Plus, it would be easy for me to confirm my identity - I could e-mail the documents (they had the POA on file already) plus my identification. The POA and the other document drawn up by a lawyer give me the authority to receive information regarding my family member over the phone, according to HIPAA, so yes, I am entitled to receive information over the phone as I can identify myself in multiple ways.


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