HIPAA Violation vs. Mandatory Reporting

Nurses HIPAA

Published

Specializes in Medica//Surgical, Critical Care.

Hi All,

Recently we have had a pt who was admitted for a GI bleed, but upon admission she also had an alcohol level of 209 and tested positive for benzos (she has a 'script for Valium). She states that she drinks about a fifth of vodka a day and has admitted to drinking before going to work...as a school bus driver! She was referred to our adult inpatient rehab unit, but refuses help until after her son gets married in June.

Any advice on how I can keep kids safe by reporting her (b/c I CLEARLY feel obligated to do so), but not violate HIPAA? I live in NY, so if there is programs/hotlines you know, please help!

Thanks!

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

You have no proof. This is not likely mandated nurse report, possibly a physician mandated report and thus would be a legally permitted release of medical info

Up Vote Up Vote ×
Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.

Contact your hospital social worker.

Up Vote Up Vote ×
Specializes in Pedi.

This doesn't sound like a mandatory reporter kind of situation for you. I'm not clear on what your role in this case is- the patient was referred to the inpatient rehab unit, presumably they deal with these types of issues all the time. If the patient's granddaughter came in and said to you "Nanny sometimes drinks vodka before she drives me to McDonald's", that's a clear mandatory report to CPS.

ETA: Nurses are mandated reporters of child/elder abuse so to file a report as a mandated reporter is to follow the law, and HIPAA is not considered to be violated.

Up Vote Up Vote ×
+ Add a Comment