Using HIPPA to get a private room

[33-weeker]

on our birthing unit, we have seen a trend of mothers using hipaa guidelines to get a private room.

medicaid and un-insured drop-ins usually get put in semi-private rooms, unless there are only privates left. but many of these ladies have figured out that if they say they are a 'no info' patient, that they will be put in a private room. we are seeing more and more of it.

the vast majority of them do not have a situation (hiv+, restraining order against s.o., etc...) to be no-info. so far, they seem to have us over a barrel. word has gotten up to our director's boss, but not much has changed.

i wish we could make them show proof of a legitimate reason to be no-info before having to grant this to them.

has anyone else noticed this trend?

[33-weeker]

i can tell you, in spite of all the hipaa info (which has been informative, nonetheless), that the patients i was referring to in the op weren't in any way genuinely concerned about hipaa. they were just using our hopital's policy with regard to the 'no info' patient (which extends certain restrictions beyond hipaa) to get a private room for no extra charge, instead of going to the business office and paying for the upgrade.

[firstyearstudent]

The only place that I have seen where this might also be done is a psych unit of a nearby hospital where you get a private room if you have HIV or another STD. I presume this is a safety issue, not a HIPAA issue. All the patients are aware of this. However, the strategy of claiming you have a disease that you don't can backfire since you can be forced to stay on a higher security unit with less privileges if there isn't a private room free on the more desirable unit.

Maybe there was some lawsuit at your hospital?

I really don't see how people can carry out HIPPA, spirit-wise or letter-wise in a crowded hospital with semi-private rooms. With all the exceptions someone else noted, what's the point? To make hospital staff responsible for things out of their control?

[33-weeker]

i really don't see how people can carry out hippa, spirit-wise or letter-wise in a crowded hospital with semi-private rooms. with all the exceptions someone else noted, what's the point? to make hospital staff responsible for things out of their control?

according to a previous post, hipaa makes exceptions for semi-private rooms and intstances of emergencies, etc.

unfortunately, working in nursery, where we handle very few outside calls and we ask the parents for a 5-digit bracelet # before giving out any info, i'm not as much of a hipaa expert as someone working out on the floor.

[Balder_LPN, LPN]

There is no way you can not violate HIPAA in a semi-private room. It's

Statement by

Richard Campanelli, Director

Office for Civil Rights

U.S. Department of Health and Human Services

on

HIPAA Medical Privacy and Transaction Rules: Overkill or Overdue?

before the

Senate Special Committee on Aging

"the modified Privacy Rule clarified that with reasonable safeguards, uses and disclosures that were merely incidental to appropriate Privacy Rule uses and disclosures would not constitute a violation of the Rule. An incidental use or disclosure is a secondary use or disclosure that cannot reasonably be prevented, is limited in nature, and occurs as a result of another use or disclosure that is permitted by the Rule. The Privacy Rule recognizes that communications necessary for quick, effective and high quality health care might unavoidably lead to overheard communications. Thus, a physician may discuss a patient's condition or treatment regimen in the patient's semi-private room, and a pharmacist may discuss a prescription with a patient over the pharmacy counter, provided that reasonable precautions (such as lowered voices and/or talking apart from others) are employed. "

There is more on interpreting HIPAA at http://www.hhs.gov/ocr/hipaa/