HIPAA violation or just a bad decision?

Nurses HIPAA

Published

  1. Did the employee violate HIPAA? Should the individual file a complaint

    • 125
      clear cut violation of HIPAA, turn it in!
    • 6
      bad decision, no violation, let it go
    • 1
      no big deal, but submit it anyway
    • 12
      no violation, ethically wrong report to the hospital
    • 0
      forget it happened

144 members have participated

i have a question that may seem like a homework assignment but this is not. i'm concerned that a individual, that is a rn, may have made a big mistake.

a nurse that is an assistant manager of a picu sent a picture via text of a small child, 1 year old, with a severe handicap. along with the text picture was a description "poking fun" at the appearance of the child. the picture was sent to two separate individuals. the child's face was in the picture but no patient name, diagnosis, or any other identifying description. the individual then instructed the people to picture and text was sent to, to "delete right away". they did not.

sadly the same individual sent another picture via text of another small child, 6 months old, with the child's face clearly visible but, again, no identifiers such as name, but did say the child had rsv. is this a violation or not. the pictures were not posted to face book or anything but one of the people that received the picture is a fellow employee and is struggling with what to do. first is this a clear cut violation? secondly, is the person that received the picture in violation if they do not turn in the employee that sent it?

Specializes in PICU, Sedation/Radiology, PACU.

I don't think the OP was referring to getting in trouble for reporting it. She said that if you are sent the picture, don't report it, and someone later finds out you knew about it, can you get in trouble?

OP, the answer is yes. If you know that someone is doing illegal or unethical activities against hospital policy and do not report it then you can get in trouble. It doesn't mean that there has to be a law that says you must report it. If your workplace finds that you have done something to compromise the integrity of the facility (including not reporting illegal actions) then you can be disciplined, fired, etc. at their discretion. It doesn't mean you will go to jail or lose your license, but there are certainly consequences.

Yes, it is a HIPAA violation. HIPAA requires patient consent for the release of identifiable information, including patient photography beyond the purposes of billing and treatment. Patient Photography, Videotaping, and Other Imaging (Updated)

Up Vote Up Vote ×
Specializes in Complex pedi to LTC/SA & now a manager.

We have a duty o report. Your friend can mitigate any potential damage by reporting what she's received/knows now. They may be lenient if she admits her fear in reporting up front. If her hospital has a semi-anonymous corporate compliance line she should call to report and for advice. Just like a facility might not face fines or repercussions for reporting & attempting to remediate a situation, your friend may have the same protections. (I'm not a legal expert on HIPAA )

Up Vote Up Vote ×
Specializes in Adult/Ped Emergency and Trauma.

I said it on another thread, and it's appropriate here too.

"When it comes to children, it get's personal to the Nurse real quick!" A healthy child is fragile enough in our care. I think of the parents running into the ER. .

and handing YOU their baby, with all the blind trust in the world. They "hand" you their baby, and thus put his/her life in OUR hands. I want to keep those hands clean, reliable, and dependable. Those hands should be a safe place to rest. Those hands should be protectors. They should only show the way to health and wellness. They should guide relentlessly to the path of safety, and security. They should be used to ease pain, and encourage comfort. They should always be trustworthy.

I think there is so many things one can "Recover" from. But, Hands that are so quick to do "Intentional" and "Premeditated" harm without remorse; I don't see how a suspension or placement on probation could rehabilitate an Adult Caregiver.

I swear I would feel the same if my friend or family member was guilty of this. It would hopefully be their last time to be guilty of such an HEINOUS event!

Sorry, I am really trying to wrap my head around this.

Up Vote Up Vote ×

My cousin has Downs Syndrome. THIS MAKES ME SICK! If anyone of her caregivers took pictures or made fun of her you better bet they wouldn't be getting away with it! I would hope this person that you are trying to help do the "right" thing will understand that these sweet trusting little beings didn't ask for the life they live, they live this life everyday without complaint. Tell them that this is monsterous they need to remove themselves from this immediately and alert the appropriate authorities to handle this situation. We are nurses are to advocate for these innocent souls. THEY NEED PROTECTION as caregivers we are supposed to be honorable and understand and loving. Ok, enough from me.

Up Vote Up Vote ×
Specializes in Med/Surge, Psych, LTC, Home Health.

I'm speechless. I can't believe a real person would do such a thing. Unfortunately

I don't believe the OP was just asking a homework question. :bluecry1:

Up Vote Up Vote ×

op, if you're still reading, the person to report this to is the facility risk manager. s/he will take it from there. his/her job is involved with decreasing the facility's legal liability and risk for damages; this is a biggie, they're gonna have to pay, they'll settle in a heartbeat, and the people involved in the action and the cover-up will swing for it.

you can be anonymous, but the longer you wait to do the right thing, the more they're gonna wonder why you did. do the right thing, do the right thing, do the right thing now.

oh, and in answer to your original question? major a-b-c-d-e-f-ing bad decision because of its hipaa component. unbelievable.

Up Vote Up Vote ×

I am speechless...what an absolute disgrace to the nursing profession on the part of the nurse who took those pictures and betrayed the integrity of the entire medical profession and betrayed the trust of her patient and her patients family. HIPAA violation or not it IS ABSOLUTELY WRONG without question, and now you find yourself involved so you need to tell this friend that she has exactly 24hrs to report it herself or you will. Now that you are involved it is on your conscience as well.

Up Vote Up Vote ×
Specializes in LTC Rehab Med/Surg.

Ask the parent of the child whose picture was distributed if they feel there was a violation.

If it were my child I'd hound that hospital until that nurse was on the street.

Then I'd start with the BON.

It goes without saying, I'd have turned her in 2 seconds after I recognized a violation had occurred.

Some things are simply inexcusable.

Up Vote Up Vote ×

Isherwood is going to go forward with this tomorrow. To all, I truly appreciate the overwhelming responses. I have no question she is doing the right thing! The responses proved my original point. I will keep you posted on the status. I feel sooooo sorry for the family that is drug into this because of a dumb choice and weak morals. I'm betting the hospital is going to flip! Thank you all! I see retraining for the whole facility and banning if all cell phone usage! Pray for the families of the 2 small children.

Up Vote Up Vote ×
Specializes in LTC.

I'm so glad she's reporting it! That's heartbreaking. I expect that sort of behavior from horrible little children, not someone who is supposed to be a nurse.

Up Vote Up Vote ×
Specializes in med/surg, psych, public health.
my niece, who suffered a rare genetic disorder, died this past december. she spent most of her short, tortured life in the hands of nurses and caregivers. all the staff i witnessed were extremely professional, and earnestly seemed to care.

she was a little miracle, and i miss her terribly, her mother and father are still crushed, and barely scraping by. she made it to age 5 never walking, never taking a bite. she had therapy workers and home healthcare workers coming all hours each day. medical staff meetings were common at their table, while her mom tried to keep her life as normal as possible.

as a child of 5, she had the exact intelligence of a child her age. she was precious. she loved music, and one song she loved makes me tear-up everytime it plays. she loved blues clues and dora. she loved her family. she had a glow about her.

one of the rns at the hospital filed her ssn on her tax returns thinking that my niece's family wouldn't know they could file her for 2011 secondary to her death. it was the ultimate slap in the face. it was an atrocity. the tax money has still not been given to the family.

there are monsters among us, and it is our duty to find them and see them out of our profession. if i worked with this nurse, and didn't report her, i would consider myself just as guilty and sick.

this thread really touched a nerve with me. i'm no polyana, but there is no room for this sickness. it is an abomination. i even hope that karma doesn't get them, because that's how bad i view these kinds of actions against humans in our "care."

there is no excuse for these actions. zero tolerance for cruelty from "caregivers!":madface:

i am so very sorry for your loss and there's no words that can express what i truly

felt after reading about what that so-called "nurse" did to your niece's family. :madface: :mad: :madface:

please tell us the bon took away her license for eternity.

Up Vote Up Vote ×
Specializes in Complex pedi to LTC/SA & now a manager.
I am so very sorry for your loss and there's no words that can express what I truly

felt after reading about what that so-called "nurse" did to your niece's family. :madface: :mad: :madface:

Please tell us the BON took away her license for eternity.

and that the IRS flagged her return as fraudulent and then audited her for the past 7 tax years complete with penalties, fees, and possibly a stint in jail in addition to repercussions from the BoN.

Up Vote Up Vote ×
+ Add a Comment