HIPAA violation or not?

  1. 0 I was recently at a hospital with a group of nursing students and one of them was dictating into a digital recorder 1) Medical Dx of patient. 2) Rx related to the treatment plan. 3) Lab values on CBC, and CMP. The student did not record any private information like MRN, name, initials, or even room number.

    What do you think, was this student in violation of HIPAA?

    If so what would you do?
  2. Visit  2bRN4u profile page

    About 2bRN4u

    From 'Riverside, CA'; Joined Sep '11; Posts: 8; Likes: 6.

    12 Comments so far...

  3. Visit  xtxrn profile page
    0
    Is this homework?
  4. Visit  Tweety profile page
    2
    Doctor's, radiologists and ARNP's dictate all the time and it can't always be done in private. The student was probably just dictating instead of writing everything down. Everyone has their own way of doing their work. It's not as if she was a reporter sneaking information to be published in a paper, it was probably his/her patient. Sometimes they present this information to the other students, but if you feel compelled to do something you might mention to the instructor that the student was dictating in front of others and too loud. Don't make it a big HIPPA issue.

    In my opinion.
    NurseLoveJoy88 and xtxrn like this.
  5. Visit  tnbutterfly profile page
    0
    Moved to General Nursing Student forum.
  6. Visit  GrnTea profile page
    2
    [font="comic sans ms"]what's the main purpose of hipaa? protecting personal health information from those who have no right to it. if she lost that tape on the bus, could someone listen to it and connect the info in any way to an identifiable person? no? there's your answer.[font="comic sans ms"]
    afox and symphie like this.
  7. Visit  2bRN4u profile page
    0
    Quote from xtxrn
    Is this homework?
    Not any assignment. Just putting it out there for discussion. This actually happened to a nursing student at my school.
  8. Visit  2bRN4u profile page
    0
    Quote from grntea
    [font="comic sans ms"]what's the main purpose of hipaa? protecting personal health information from those who have no right to it. if she lost that tape on the bus, could someone listen to it and connect the info in any way to an identifiable person? no? there's your answer.[font="comic sans ms"]
    my very same point that was argued for the student. there was no personal information that could be used, but this person is sadly getting raked over the coal unjustly in my opinion from the faculty. too often we don't even understand the laws we are supposed to be safe-guarding. hopefully if you read this post you will seriously look-up the hipaa section regarding privacy, and share your comments.
  9. Visit  JBudd profile page
    1
    Quote from 2bRN4u
    My very same point that was argued for the student. There was no personal information that could be used, but this person is sadly getting raked over the coal unjustly in my opinion from the faculty. Too often we don't even understand the laws we are supposed to be safe-guarding. Hopefully if you read this post you will seriously look-up the HIPAA section regarding privacy, and share your comments.
    I don't need to "seriously look up the HIPAA". But all of that is the information that I expect my students to go get when prepping for the next day's clinical, written down and put into their prep sheets. Can't see a difference in written or recording.
    GrnTea likes this.
  10. Visit  2bRN4u profile page
    0
    Quote from JBudd
    I don't need to "seriously look up the HIPAA". But all of that is the information that I expect my students to go get when prepping for the next day's clinical, written down and put into their prep sheets. Can't see a difference in written or recording.
    I have looked-up the 18 points in the privacy section of HIPAA and I am still unable to see how this would be deemed as a direct violation. Yet, this student is being disciplined and they are throwing the books at them so to speak. I would not be surprised if suspension is soon to follow. You being an educator what is your thoughts? What should happen to this student?
  11. Visit  Jolie profile page
    0
    Is there a policy @ your school that forbids the use of electronic devices to record data?
  12. Visit  2bRN4u profile page
    0
    Quote from Jolie
    Is there a policy @ your school that forbids the use of electronic devices to record data?
    They may have, but this student is being charged with HIPAA violation in-stead of breaking electronics policy.
  13. Visit  Bruce_Wayne profile page
    0
    It might not be a hippa violation, but I know that at my school I'd be a violation for carrying an electronic device that's capable of recording. In my programs students aren't allowed to carry anything that records at all.
  14. Visit  michele742 profile page
    0
    I am not a nurse...yet...but I am a medical transcriptionist and I am held to HIPAA rules/regulations. I send emails to doctors, notes to technologists, etc., and the only information I am not allowed to put on the correspondence is the patient's name, DOB...identifiable information. As long as the nursing student left this information out, it would not be a HIPAA violation...like someone else said, maybe a 'program/school' violation?

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