HIPAA Violation?

Nurses HIPAA

Published

In the past when I was doing clinicals in the ED a very famous celebrity/person came through massive MI failed resuscitation...I did CPR on him etc. Now approximately 2 years later I am writing a paper about historical markers and I plan to include him in it (ie project = historical markers personal to ones self). Would it be a HIPAA violation just to mention I received him as a patient in the ED and provided treatment before he subsequently died of cardiopulmonary arrest?

This may seem trivial, but it can be a huge plus to my paper including this, but don't want to at any expense.

How can it be a huge plus? Is the grader a fan or in this case not a fan of said celebrity? I would discuss the issue WITHOUT any identifying characteristics. Unless I was discussing in general terms if being a vip prolonged the code etc, or that since this person was famous, a vip how that changed anything in terms of you care. I wouldn't mention anything that would identify the patient.

FCMike11, BSN

54 Posts

Specializes in ICU.

It's a history class, huge historical figure and this issue prompted me to research/read on this person's accomplishments.

If it would be a violation in any sense....I would just remove it from the paper.....because I am listing as one of the "historical markers" something that was put in this person's legacy.

NicuGal, MSN, RN

2,743 Posts

Specializes in NICU, PICU, PACU.

Personally, I wouldn't do it. I don't think you can say names and the place where this happened might not be too happy either. You would be best off to contact the legal department of the hospital this took place at and ask their opinion. I have a feeling you are using this as a , gee I did this to this person..whoohoo. Sorry, but that is how I took it. My husband takes care of VIP's all the time, and I can't even imagine him doing anything like that.

FCMike11, BSN

54 Posts

Specializes in ICU.

What ive spoken has been misinterpreted then. I did speak with some collegues as well and im just not going to mess with the issue.

allnurses Guide

nursel56

7,078 Posts

Specializes in Peds/outpatient FP,derm,allergy/private duty.
What ive spoken has been misinterpreted then. I did speak with some collegues as well and im just not going to mess with the issue.

I think you made the right choice there. :)

nurseprnRN, BSN, RN

1 Article; 5,114 Posts

good decision. certainly not worth the grief you'll have rain down upon you if it's ever possible to identify you as the source of this personal health information.

RNGriffin

375 Posts

Specializes in Neuro ICU/Trauma/Emergency.

You made the most ethical decision of not including this particular case. You could have stated the case generally, but to provide specifics(including names) would definitely have you on the chopping block. If this were a Nursing course, you could also find yourself in violation of the program rules.

Discernment is very important. I hate to be rude, but even asking this question exemplifies your need for more better practice.

Asystole RN

2,352 Posts

HIPAA does cover the deceased and without express written permission you are in violation of federal, possibly state, statute.

FCMike11, BSN

54 Posts

Specializes in ICU.

I didnt bother disclosing this to you guys, but this person's cause of death and hospital he went to were public knowledge.

"but even asking this question exemplifies your need for more better practice"

Asystole RN

2,352 Posts

I didnt bother disclosing this to you guys, but this person's cause of death and hospital he went to were public knowledge.

"but even asking this question exemplifies your need for more better practice"

Mike, even if you do not name this individual you have given enough identifying information for us to identify this person. How many celebrities died around 2009? How many of those were male? How many of those died from a MI? How many of those died within a hospital? Not many people die within a hospital, let alone a celebrity.

Did you discuss the care and unique identifiers of this celebrity to your colleagues? Somehow I cannot imagine that this individual’s identification was kept a secret if you are willing to identify him in front of strangers on an internet forum.

I think it is clear that you do not understand HIPAA as the previous poster pointed out. It is immoral and illegal to divulge privileged information without express permission, even information from the deceased. Did you receive express permission from the patient or responsible party? It does not matter if the circumstances surrounding this individual became public knowledge, it is not your place to violate the privileged information that you were a party to.

The trust that is given to nurses is sacred and the covenant formed between the patient and nurse should never be violated, EVER, even if someone wants to name-drop a celebrity to make their otherwise dull paper interesting.

You are a professional, act like it.

dudette10, MSN, RN

3,530 Posts

Specializes in Med/Surg, Academics.
Mike, even if you do not name this individual you have given enough identifying information for us to identify this person. How many celebrities died around 2009? How many of those were male? How many of those died from a MI? How many of those died within a hospital? Not many people die within a hospital, let alone a celebrity.

This. However, I think the OP changed the gender of the celebrity in question. *whistles and walks away*

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