Is this a for real "HIPAA" violation????

Nurses HIPAA

Published

I work in a very rural hospital with maybe 2 or 3 patients on the floor at a time. My son LOVES to visit me at work and walk down to the laundry with me or walk to the kitchen to pick up supplies, however I don't let him in the ER with me if we have patients there for many reasons.

A couple weeks ago he asked if he could read to the swing bed patients on the floor. I thought that was sweet (he is 7) so I talked to the social worker who was more than happy with the idea. We then ran it by the Administrator of the hospital and he was also thrilled. Then it reached the DON. She said there was no way he would be allowed to do this because it violates HIPAA. She gave me about a million reasons why it violated HIPAA but I'm confused because my son isn't going to be in there talking about the patients medical history he is going to read them a book.

It's my understanding (and please correct me if I'm wrong) if the patient signs the PIH form, it's not a violation to state that a patient is in the hospital (assuming they checked "yes" to the directory), however it is a violation to discuss with others the medical aspect of the patient. However, just acknowledging the fact they are present and accounted for in the hospital doesn't violate HIPAA or the Privacy Laws right????? Because this is what she states I would be violating by allowing him to come in and read to the patients, despite the fact we would be getting permission before he even stepped foot in the room.

I was also told by the DON that I was violating a million things whenever I allowed my son to walk to the kitchen with me or to the laundry room for supplies, even though we do not cross any areas where patients are located????

Please, someone help me make sense of this madness ;)

Specializes in Rural Health.

I just spoke with the HIPAA compliance officer for the "main" hospital. There is no issue with HIPAA, the issue is his age. In order for him to volunteer for this particular hospital, he must be 12. That is the age they feel children can best grasp the importance of what they are doing by being a volunteer. The age is not guided by HIPAA laws, privacy laws or liability issues. It is just simply the age they feel it is best to start allowing children to volunteer.

He stated that the DON was incorrect in citing HIPAA violations and/or privacy violations and simply put - he just isn't old enough yet. He also pointed out there was no liability issues as the child volunteer is paired with an adult volunteer while they are on the campus doing their work. That adult volunteer can be a parent or another hospital volunteer.

Thanks for all the responses!!!!

I think getting a child to help at a hospital is a good idea...if they later have to be there for any reason they might not be as scared. I have been in the hospital many times (5 for surgery and a bunch in the ER) and to me the hospital is no big deal. Bringing a child in to these patients who are well enough to not be hooked up to lots of machines might make the child more comfortable.

Specializes in Med/Surg, Geriatrics.
I just spoke with the HIPAA compliance officer for the "main" hospital. There is no issue with HIPAA, the issue is his age. In order for him to volunteer for this particular hospital, he must be 12. That is the age they feel children can best grasp the importance of what they are doing by being a volunteer. The age is not guided by HIPAA laws, privacy laws or liability issues. It is just simply the age they feel it is best to start allowing children to volunteer.

He stated that the DON was incorrect in citing HIPAA violations and/or privacy violations and simply put - he just isn't old enough yet. He also pointed out there was no liability issues as the child volunteer is paired with an adult volunteer while they are on the campus doing their work. That adult volunteer can be a parent or another hospital volunteer.

Thanks for all the responses!!!!

That sounds quite reasonable.

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