HIPAA.... violation or not....Register Today!
This is a discussion on HIPAA.... violation or not.... in HIPAA and Nursing Challenges, part of General Nursing ... I am a nursing student. During class I mentioned a first and middle name of a pt in class but did...by brendasue Nov 29, '11I am a nursing student. During class I mentioned a first and middle name of a pt in class but did not give any information that I knew it from the hospital setting. All I said is a woman named her child ___ ____. Its a small town and it was one students niece which she stated in class and then went and filed a HIPPA complaint to the woman over the program. I was kicked out of the program for this. Is there anything I can do to fight this??? I need some serious help!!!!
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- Nov 29, '11 by I<3NursingWhen I was in school it was understood that we could talk about clinic experiences without concern for HIPAA. Nothing left the room but while in class it was an open discussion just as in real life nursing when nurses ask for help on a patient and have to share input. If you truly want back into the program I was seek legal counsel that specializes in such violations.
- Nov 29, '11 by brendasueI have an appeal already set up but cannot find any good reference material with me being a student regarding HIPAA.
- HIPPA is the same for nursing students just as it is for nurses.....for that matter anyone who works in the medical field. The rules don't change.
In nursing school we were never allowed to mention names, room numbers...anything that someone could identify who the patient might be.
- Nov 29, '11 by brendasueI never accessed medical records for this information and the pt was never assigned to me. I found out thru other nurses talking about the name and when I was in class I never related it back to it being a pt or in the hospital setting. The student just assumed that is how I knew.
- Well she assumed right. You still can not repeat what you heard other nurses talking about. HIPPA is not just about medical records....it's about information....no matter how you get it.
I would go back to your school and see what their policy states or refer to a lawyer.
- Nov 29, '11 by NellieOlsenSeems like overkill to me for them to drop you from the program. Heck, baby names are posted on the internet as birth announcements so it's hardly classified information. If that's truly all that was said, I don't see how that could be a HIPAA violation. Good luck with the appeal.
- I thought even with birth announcements the parents had to sign or verbal state that it was okay to release the information of the child's birth?
Maybe not? I know I had to sign a form agreeing to the announcement.
Either way I meant to say I do wish you the best with your situation.
- Nov 29, '11 by ~Mi Vida Loca~RNGiving the middle name away was probably giving away an identifying marker. While I think the result for this particular case seems way extreme. You really have to be careful with stuff like this. That said we were always taught what was said in class was confidential and conducive to our learning. I mean in post conference my classmates knew I was on tele for example, and I had to present my case study. Patient with initials TK 80 year old male, blah blah blah. But we were told this was safe. I think you should have recieved a warning. You didn't give last name, DOB, and so on but births in a small town with minimal information can be easy to identify.
I hope things have a way of working out.
When you appear you need to be accountable and own up to what you did but express how sorry you are and your lack of judgement and how at the time you didn't think that was to much information but now looking at it you can see how it was. I think that will be your best chance.
- Nov 30, '11 by Esme12Wow a tough one......I am so sorry you are going through this....but what I am going to say will not make you Happy.
Technically over hearing patient information and repeating it in a non clinical setting is not appropriate. If you were just gossiping and you said "hey did you hear the baby's name is blah, blah" Yes it's a violation....what you hear in the hospital should stay in the hospital. I think it's extreme to expell you......did you sign a confidentiality agreement and go through HIPAA training? Medical information is on a need to know basis and not repeating it is just as important.....you were even talking about a patient you didn't care for and repeated it in a non clinical setting with any relation to what you were learning.
So, yes it's a big deal the link is an excellent student presentation about HIPAA. A key factor on your appeal is whether or not they taught you about HIPAA and did you sign anything. I'd contact a lawyer as they can be the only ones to give you advice.
http://www.google.com/url?sa=t&rct=j...xaZ4Au1h9WxOEgLast edit by Esme12 on Nov 30, '11