Question for a new student

Nurses HIPAA

Published

I am a new student, I was at a home of a friend who is the CSM at a local hospital and I overheard her talking to her husband about a rape case she was doing. I asked her if that was a violation of hippa and she stated no... She stated that she talked to him all the time about them, that is her release. Her husband stated she brought home the charts and photos and in one case had photos on her personal camera because the one at work was broke. I also heard her telling him about a friend that was in the ER and proceeded to tell what was going on. She has been in nursing for over 20 years. What should I do. I just stared school and don't want to be black balled.

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Specializes in Emergency, Telemetry, Transplant.

Yikes. By telling her husband in generalities (i.e., no name, no specifics about the circumstances/findings) she did not necessarily violate HIPAA. If the husband then sees a story on the news about a rape on the news, now there is a problem. Even if she did not violate HIPAA, she did violate any privacy agreements she agreed to and she betrayed the trust of the victim(s).

She should never, ever let the charts and photos leave the facility unless they are taken by the proper authorities. First, if someone sees the chart, and they are not directly involved in the care of the pt, this is a HIPAA violation. In addition, this is evidence that could be presented at trial. A defense attorney is going to have a field day if there is any chance the evidence could be compromised by someone who took it out of the facility where it could be manipulated by anyone. And she should know better than to take pictures on her personal camera.

I think you should make an anonymous report...I'm not sure to whom though. Risk management? The NM? Someone outside the facility like law enforcement? Thoughts by others? The police might be quite interested in what this individual is doing since it could call into question the evidence from previous rape investigations.

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Thank you, I am trying but the people I need to talk with do not answer the phone and want me to leave a message. So I am in a catch 22. Wondering if I should call the NCBON.

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All covered entities must have a process by which actual or potential HIPAA violations may be reported. If for some reason this is unavailable (or inadvisable), you may also file a complaint directly with the Office for Civil Rights.

U.S. DHHS | OCR | HIP | How to File a Complaint

Personally, I say report it. I have zero tolerance for such blatant disregard of an individual's privacy rights.

While I am specifically outraged by the illegal removal and sharing of photos and charts, her conversations may be suspect as well.

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I say mind your business. My 2 cents

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Specializes in Emergency, Telemetry, Transplant.
I say mind your business. My 2 cents

In most of the "should I confront a coworker?" posts on here, that is what I tend to think. I just think that with consideration of the serious nature of the job and whats in the chart....I think something has to be reported--if no other reason to protect the patients/victims.

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I say mind your business. My 2 cents
Well, with any luck, the individual in question will never have access to your "business" or that of your family -- and be entrusted with its security.

So much is lost when people choose to do nothing in the face of obvious wrongdoing.

There's my $0.04

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

A voice of experience here....stay out of it.

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A voice of experience here....stay out of it.
What if it was done anonymously?
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Specializes in Psych ICU, addictions.

Tough call. If this was at a clinical site, I'd say notify your CI and let her handle it.

But this is stickier as it's the home of your friend, and you were not there in an official nursing-student capacity but as a friend.

It's possible for her to discuss patients at home w/o violating HIPAA. However, as others have said, confidentiality agreements could have been compromised. Taking home patient records without permission and showing them to others is also a HIPAA violation, but again, you don't know if she's authorized to have any of that material at home (a stretch I know, but it is in the realm of possibility), or if she did show them to her husband. And unless you've actually seen the photos and charts in her house, you don't know for certain that she has them--you're just going on hubby's word.

I won't say Do/Don't Report it, as I wasn't there and only know what details you told us. There's positives and negatives to either action.

I will say that even if reported anonymously, there's a good chance that she will put two and two together and realize that you had something to do with that. Not saying this to deter you, but it's something for you to keep in mind.

Best of luck whatever you decide.

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What if it was done anonymously?

the poster has already said she questioned the person in regards to if what she was doing was a HIPAA voilaton, anonymity is out of the wondow. The nurse would put it together if it was reported.

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Specializes in Med Surg.
What should I do. I just stared school and don't want to be black balled.

Stop "overhearing" conversations, or you will find that one of those 20 year nurses can put YOU on the wrong side of a HIPAA accusation so fast it will make your head spin.

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