HIPPA violation if the patient isn't in your facility?

Nurses HIPAA

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The situation: A nurse knows a friend is pregnant and outs the pregnancy on Facebook. The patient goes to a different hospital and doesn't receive care in the same facility the nurse works in. The information was obtained through the patient themselves but was expecting the nurse to keep the information private. is I still a violation of medical information/HIPPA violation if the patient doesn't recover care in the same facility the nurse works at?

Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.
Thank you so much! I just figured since she was a nurse the concept of private medical information would be very familiar to her. I wasn't sure if spreading private medical information only applied if the patient was receiving care in the same facility. So she's off the hook on a technicality. One dude of me wants to complain to her boss because she knew we weren't telling anyone. But I guess she didn't do anything professionally wrong.

Do not complain to her boss. Her boss and her employer have nothing to do with it. Why don't you talk to HER and let her know about your disappointment/anger over what she did?

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We are no longer talking. But I just moved to the facility she works at to receive care. I let the office manager know I didn't want to receive care form her but didn't explain why. I can just let it go or next time I am in I can tell the office manager more details. But at the time I was receiving care at a different hospital. Now that I have switched over I don't want her in my business. I had a third party already mention to me that she said she had seen me at the hospital but that is all to my knowledge. I don't think it's a violation to mention seeing someone in the hospital is it? I was debating if I should leave the whole thing alone or to say something.

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Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.

To be clear, this was 100% a personal violation, and in no way was it a professional violation of any kind. She is not bound by any privacy laws as your friend (or now former friend), even though she is a nurse. You are well within your rights to request that she not be part of your care, but I would leave it at that - it's personal and that is where it should stay.

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Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.
I had a third party already mention to me that she said she had seen me at the hospital but that is all to my knowledge. I don't think it's a violation to mention seeing someone in the hospital is it? .

Depends on the context. If she was on break and saw you in the cafeteria, no. If she saw you because you were in the department where she works, then yes.

I'm confused - you are receiving prenatal care at a hospital?

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It's a clinic in the hospital--- the OB clinic. So obviously if she tells someone she saw me there it could go either way. She either saw me randomly in the hospital or I had an appointment that day. She specifically handles OB but there are also

Pediatrician there with family practice nurses, she however is particularly the OB nurse in the clinic. I switched to this clinic because it's much better and the hospital is much better than where I was going. The only drawback is blabber mouth works there. She wasn't actually much of a friend to me, she is the wife of one of my husbands friends and she never really liked me anyway.

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Specializes in Pediatric Critical Care.

Still not a HIPAA violation even if you are receiving care at her facility. HIPAA has to do with the protection of medical information by your healthcare providers and clinics, hospitals, etc. It means that as your healthcare provider, they have to do everything they can to make sure that your identifying information and medical records aren't given to people who don't need to know.

The information wasn't obtained in the course of her providing you healthcare therefore, it's not HIPAA related.

Its okay to say that you don't want her involved with your care now. But I wouldn't get into why - its not their business. She didn't do anything that was a breach of professional ethics...she just was a crappy friend. If they ask, I would just tell them that she is in your circle of acquaintances and would rather keep personal things separate to avoid awkwardness.

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Really? Why not just say she blabbed my secret pregnancy on social media and that is how friends and family found out at 6 weeks along I am pregnant and now I don't trust her anymore. Why cover for her? If you were the office manager wouldn't you want to know the truth? Because after being embarrassed in social media infringe of 500 people I don't feel like I have anything to lose anymore.

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Specializes in MCH,NICU,NNsy,Educ,Village Nursing.

Hmmm.....me thinks perhaps the OP didn't see this regarding HIPPO, I mean HIPPA, well, darn it! I mean HIPAA!!!

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Specializes in MCH,NICU,NNsy,Educ,Village Nursing.
Really? Why not just say she blabbed my secret pregnancy on social media and that is how friends and family found out at 6 weeks along I am pregnant and now I don't trust her anymore. Why cover for her? If you were the office manager wouldn't you want to know the truth? Because after being embarrassed in social media infringe of 500 people I don't feel like I have anything to lose anymore.

I'm sorry this "friend" of yours shared your special news with a whole lot of people via social media. That was really unkind, at the least. However, I hope you can move past this and don't let her steal your joy at being pregnant. And, I hope you and your husband are still able to celebrate this very special time in your lives despite her.

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The nurse received the info as a friend. She was not working as a health care professional and was not involved in any way with her medical care. No violation. Crappy friendship boundaries, but nothing that could get her in the HIPAA hotseat.

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I think that is why I haven't said anything to anyone other than I don't want her to be part of my care. My husband and I just got married because I became pregnant son it was already a sensitive situation. We had announced our marriage on social media and she hijacked it and told everyone we were also pregnant. I am AMA as it is and wanted to have all testing done and make it to 12 weeks before announcing. Like I said, she never really liked me and I think she saw an opportunity to create some embarrassment and did it. I think she felt she could get away with it. And technically since it's not a HIPAA violation I guess she can. But unofficially I can also tell the office manager and make her look bad like she did to us.

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Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.
Why cover for her? If you were the office manager wouldn't you want to know the truth? Because after being embarrassed in social media infringe of 500 people I don't feel like I have anything to lose anymore.

Cover for her how? It was personal and has zero to do with her job. I understand that you are upset with her, but again... not a professional matter. But hey, you do you! Best of luck.

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