Not sure if this is a HIPAA violation...anyone an expert?

[Jory]

I work with a very young LPN who is the resident "know it all". I'm not bashing LPN's...just clarifying her job title.

I work in various departments in women's and children's. We had a baby that was born about two weeks ago to a mother with an active herpes infection. Our hospital, like many, has a process to designate another person to receive information on the patient.

Shortly after birth, the baby became symptomatic. An LP was ordered along with blood cultures, etc.

The baby's grandfather, who the baby's mother designated to receive information on the baby, was told the infant was going to have lumbar puncture when he arrived to visit the baby. The LPN that was taking care of the infant told the grandfather that it was because the mother had an active herpes infection when the baby was born, so we were testing the baby to see if it had a systemic herpes infection.

Needless to say, the mother's father had no idea his daughter had an active herpes infection.

I told the LPN that she committed a HIPAA violation by disclosing the mother's medical history. The LPN felt that because it was the reason for the procedure, it was not a HIPAA violation. I told the LPN that she could have said, "The infant is having an LP to check for viral infections among other tests." If her Dad pressed further, we could have said, "We cannot disclose more information without violating the mother's privacy." The LPN felt strongly enough overlapping existed to allow the disclosure and she kept saying, "But the mother signed the form?" I said, "it was for the BABY, not for HER".

Well, turns out the infant had a positive blood culture and was negative for herpes.

Who was right?

[JustBeachyNurse, LPN]

I totally agree with the comments in this conversation but where can I find a resource for HIPPA related to infant rights?

As this is a 2 year old thread, could you be more specific as to what you are looking for?

[Esme12, ASN, BSN, RN]

I totally agree with the comments in this conversation but where can I find a resource for HIPPA related to infant rights?

First of all it's HIPAA ....Health Insurance Portability and Accountability Act of 1996.

HIPAA rules apply to ALL patient regardless of age. There are more rules that apply to privacy in general...there are specific restrictions that can vary state to state about the medical records of a minor to protect the minor child like seeking care for a STD or pregnancy related reproductive care that can be restricted and protected from a parent.

There are three exceptions to parental access under HIPAA laws for minors. First, the minor controls the information if the treatment does not require parental consent. Second, if the court or another legal entity authorizes someone other than the parent to make treatment decisions for a minor, that other person controls the information. Third, if a parent agrees to a confidential relationship between a minor and a health care provider, the minor controls the information.

Are the Exceptions to Parental Access Under HIPAA Absolute?

State laws about a minor's health care information take precedence over HIPAA. In some states, the law favors parental access even under the three exceptional situations outlined by HIPAA. When parental information access rights are in question, the release of information is typically done at the discretion of the health care provider.

HIPAA laws exist to protect the privacy and promote the health of all patients. In the case of minors, this means allowing parents access to their children's personal health information unless it is in a child's best interest to withhold that information.

http://pediatrics.about.com/cs/pediatrics101/a/hipaa_guide_2.htm

What specifically are you asking? Is this for school? We need more information to help.

[redhead_NURSE98!, ADN, BSN]

I'm sorry but it makes me MENTAL to see "HIPPA" everywhere! Even in a facility on OFFICIAL documents! JEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEZZZZZZZZZZZZZZZZZZZZZ IT'S AN ACRONYM FOR A LAW!!!!!!!!!!!! ARGHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH

Thank you, whew. I think I might have an aneurysm someday.

[toomuchbaloney]

There is a lot of intrepreting of HIPAA that goes on and I would like to thank you for saying HIPAA not HIPPA.

Technically, once the permission to allow the Grandfather information.....the Granfather has the right to know what and why that baby is getting tested with an invasive test. The grandfather has the right to know the what and why of the babies treatment....in this case.

However, I agree that the question can be answered more tactfully as in your post.....if the Grandfather insisted to know what the test was for and why........you would have to tell him. The other nurse didn't necessarily have to blert it out and should probably learn to moderate her brain to mouth hot line becasue she is in a habit of being forthcomming with information that will eventually land her in hot water. Her loose lips will get her into trouble.

I know there will be different opinions and that is a part of the problem with HIPAA is the enforcement is not consitant. Some are over cautious/zealous and cause undue angst while other are not cautious enough.

There is no medium.

I agree with this but I believe that the information about the testing of the infant could have been provided without disclosing the health information of the mother. He had permission to gain information about the infant, not the mother.

In my view, the fact that the mother was positive for Herpes was protected information. The fact that the baby was being tested for Herpes was the relevant information. It was not necessary to disclose the mother's condition, again in my view.