HIPPA violation if the patient isn't in your facility? - page 7

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... Read More

  1. by   Jolie
    Please correct me if I'm wrong, but I understand that the OP chose to transfer care to the clinic where her former friend is employed after knowing that the former friend shared news of her pregnancy, yet wants to report the former friend for a non-existent HIPAA violation.

    If I were the manager of this clinic and the OP came to me with this story, I would respectfully decline to accept this patient. In the real world, there are clients who are simply not worth the trouble they bring to a business. This is one of those instances.
  2. by   Ruby Vee
    Quote from Jolie
    Please correct me if I'm wrong, but I understand that the OP chose to transfer care to the clinic where her former friend is employed after knowing that the former friend shared news of her pregnancy, yet wants to report the former friend for a non-existent HIPAA violation.

    If I were the manager of this clinic and the OP came to me with this story, I would respectfully decline to accept this patient. In the real world, there are clients who are simply not worth the trouble they bring to a business. This is one of those instances.
    Good for you!

    And again -- imagine my surprise that the "friend" doesn't like the OP!
  3. by   JadedCPN
    Really?? You have nothing better to do at this stage in your life with your age, marriage, and now blessing of a pregnancy that instead you are dead set on potentially ruining someone's career simply because YOU got butthurt?! Sweet jesus if that isn't the most petty immature thing I've heard in a while.
    You can say she was a crappy friend (although if your husband didn't tell her it was a secret/not to say anything, then she truly did nothing wrong at all). But you need to grow up and move on.
  4. by   Lottie Spence
    I'm not clear on the surrounding circumstances. If the friend told the nurse as her friend in confidence, then the nurse shouldn't have outed her on FACEBOOK. But, I don't see how the nurse violated HIPPA because it didn't say anything about the nurse accessing and medical records to get the information. Maybe she should reconsider their friendship.
  5. by   Lottie Spence
    I'm not clear on the surrounding circumstances. If the friend told the nurse as her friend in confidence, then the nurse shouldn't have outed her on FACEBOOK. But, I don't see how the nurse violated HIPPA because it didn't say anything about the nurse accessing any medical records to get the information. Maybe she should reconsider their friendship.
  6. by   Meriwhen
    Quote from MoonlightRose
    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.
    Actually, she was never on the hook to begin with...that is, UNLESS she was directly involved in the care you received at the facility--as in she was your assigned nurse--or if it could be proven that she accessed your EMR.

    So while your friend might have been a jerk, she hasn't violated any law.

    Sorry if this isn't what you wanted to hear.

    Congratulations on the pregnancy!
  7. by   candacern59217
    Every time I see someone talk about someone else's pregnancy on Facebook, I question if said pregnant person allowed them to blab the info. Part of me wants to call them out... but I refrain.
  8. by   Jory
    It depends. Did this person tell the nurse in the context of a FORMAL nurse/patient relationship or is the nurse and this pregnant person friends?

    The first is a HIPAA violation.

    The second is just a crappy friend.
  9. by   Koffeekake
    I think that would be really not a nice move and poor karma for you to try and ruin her work reputation because she announced your pregnancy on FB. If you didn't trust her I probably would have not told her. I think you should just confront her and tell her what a crappy thing that was for her to do. Not a nice thing. But trying to make her lose her job and or lose her career would be a horrible thing to do IMO. You risk people blabbing when you tell them personal information, I have been a victim of that myself. Just confront her and lose her as a friend.
  10. by   egoat1
    Violation is subjective and objective. Sometimes health care so called professional find themselves privy to information based on the fact that they are even in the healthcare profession. BEST practice keep your mouth shut and all information surrounding ones health private. If the patient want to tell you about their pregnancy great. Not necessarily a HIPPA violation but always remember the work you do and patient including fellow coworkers privacy. If there was complication and the patient didn't want folk to know about it and you ran your mouth and patient found out (subjective to patient "feeling" to their information being disclosed) the situation becomes a HIPPA violation. The Hospital would face a law suit and work climate would change for this individual based on your actions. BEST general practice mind your business and keep you mouth shut.
  11. by   egoat1
    Furthermore, if you find folks talking about fellow coworkers' health status depending you may wanna approach them or if you're a advocate report their actions to your information compliance officer, HR and public health department. I think depending on the state there is a 800 number to report this because at the end of the day the hospital could be held liable for the HIPPA violation. When healthcare facilities start taking action of immediate termination so called healthcare professionals will take their roles/actions more serious.
  12. by   Wuzzie
    Quote from egoat1
    Furthermore, if you find folks talking about fellow coworkers' health status depending you may wanna approach them or if you're a advocate report their actions to your information compliance officer, HR and public health department. I think depending on the state there is a 800 number to report this because at the end of the day the hospital could be held liable for the HIPPA violation. When healthcare facilities start taking action of immediate termination so called healthcare professionals will take their roles/actions more serious.
    Not sure what your beef is with healthcare providers but, with the exception of a very few dimwits, we are very respectful of HIPAA and the need to protect our patients, often to the extreme. Regardless, the OP was not describing a situation that even remotely could be considered a violation as this all happened in the realm of a personal relationship with someone who just happened to be a nurse. There was no professional relationship established. Frankly it sounnds a bit too Jerry Springer for my taste

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