Is this a violation of HIPAA

Nurses HIPAA

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A friend of mine works in a long term care facility. There was an issue with a resident that she checked on upon her arrival at work. The resident needed quite a bit of attention, so she did her job and took care of it. This has been going on with various residents throughout the facility and she has been reporting these incidents to the appropriate RNs, administration, etc. and so far nothing is being done. She became upset that most of the personnel that work at a facility caring for those that can no longer care for themselves, only a handful were doing their job. She mentioned this incident to her husband. As far as I know, no distinguishing remarks were made, just "a resident". The husband is a good man and a former law enforcement officer so he sent our state Department of Human Services and Hospital a complaint about this particular home, stating what what was advised by his wife. She had already filed a complaint with DHH already about this, and they have yet to act upon her complaint. So my question would be, would her making comment to her husband, and having a second party file a complaint, be in violation of HIPAA? I appreciate any help i can get on this...thanks in advance.

Specializes in NICU, PICU, Transport, L&D, Hospice.

No HIPAA violation the way you describe it.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

Doesn't matter elder abuse and neglect is mandated reporting. HIPAA does not apply

Doesn't matter elder abuse and neglect is mandated reporting. HIPAA does not apply

BINGO. Ding-ding-ding! We have a winnah!

No private health information, nothing that could identify an individual, just, "The care in this facility stinks and I think you should look into it." No HIPAA violation. LEO can report, too, no matter what the source of his information.

Specializes in ER, ICU.

I agree, not only not a HIPAA violation but something that should be done.

Specializes in LTC,Hospice/palliative care,acute care.

I work with a nurse like this. She bustles in a half an hour early and runs into a random room and starts straightening and fussing and such then comes to the nurse's station for report and starts bad mouthing the day shift staff. From what I have observed these issues she is complaining about seem to be of her own making. Inconsequential stuff (over bed tables, side tables not as tidy as she would prefer, that sort of thing) Or she goes into the room of the neediest and most manipulative resident on the unit and listens to them complain about being ignored all day and then freaks out. After the first few episodes everyone learned this is her thing. She will come up against the wrong nurse one of the days and it will be a blood bath. Oddly enough she is often guilty of poor judgment. She will go down in flames.....

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