A Violation of Hipaa?

bsyrn, ASN, RN · Mar 1, 2011

I would not discuss the residents at all, that way there will be no issue.

thinkertdm · Mar 1, 2011

Do you get training in HIPAA? Because most of the people on this board (like in real life) have no idea what it entails.

Did your discussion involve protected health information?

Probably violation: (at an AIDS clinic)

Yes, I know Steve. (this is a violation because it connects protected health information with Steve).

Probably not: (at a assisted living facility)

Yes, I know Lorraine. (this does not involve talking about PHI)

-Did she ever get that hip replacement? (bang, back into HIPAA territory).

Basic rule: Don't talk about your previous patients. (this seems obvious). Just say "I'm not comfortable talking about this".

You can talk about a patient, generally, without using an identifier, unless there is something unique about their medical status. Remember: name/identifier+PHI=HIPAA violation.

LACA, BSN, LPN, RN · Mar 1, 2011

I would just politely, but firmly, tell her that you are not going to discuss any of the residents there. Or change the subject completely. Either way will keep you out of trouble and you won't have to worry that you've said the wrong thing or said too much.

BabyLady, BSN, RN · Mar 1, 2011

Hello,
I am currently in a nursing skills class where I had mentioned where I worked (a nursing home), and another student said she had CNA clinical there. She was talking to me about how she didn't like how the residents were treated and also mentioned a resident's name and asked if I was working when that person was living there. I didn't know how to respond. Am I allowed to acknowledge a person's name or should I flat out say I cannot discuss that. Can I get in trouble for even being a part of this conversation? She also mentioned that she found out this particular woman was a distant relative of hers. How do we handle situations like that? I am basically wondering if a family member says, "Oh, you work at this nursing home, did you know my aunt Lorraine?" what is the best response. Is it ok to say "Yes, I know her, she was a wonderful woman." Can I discuss that resident while leaving out medical information, or is acknowledging that they were in a nursing home a violation in itself?
Thanks in advance,
Tara

Ok..I think alot of people are blowing this out of porportion. HIPAA is not rocket science and folks should not make it out to be more than what it is nor flip out uncessarily.

1. The OP works at the facility....she knows who the residents are there.

2. The student, has performed clinicals at the facility where the OP works and knows the residents as well.

The student that the OP was talking to, was NOT asking anything about the resident's level of care or anything about their medical condition and no new facts specific to the patient, was asked.

The question was NOT: WAS Mrs. Smith a resident.

The question WAS: Was Mrs. Smith a resident when you were working there.

This is not the same thing as a total stranger walking up to you in Walmart and saying, "Oh, you work at Shady Pines? I think my Aunt Suzie is still a patient there..how is she doing?"

THAT would be a HIPAA violation because you don't know if this person is really related to Aunt Suzie and even if you did, this person did not appear to even know if Aunt Suzie was there or not.

People make HIPAA out to be this big, huge mystery that it is NOT. Seriously..if you wanted to get very technical about it, post-conferencing as a group in school could be considered a HIPAA violation.

This is NOT a HIPAA violation..not even close to a HIPAA violation...even if you answered her question that you knew so-and-so...BECAUSE the student KNEW that the patient was a resident there already due to her participation in an academic program.

Now, if she asked, "Well, how is Mrs. Smith getting along these days?"...you cannot answer that question.

But that isn't what she asked you.

Mrs. Sparkle Pants · Mar 1, 2011

Letting someone know she is a resident when they do not know is a HIPAA violation, letting someone know she was a resident when they already know she was a resident would probably not be a HIPAA violation UNLESS there were other people in the room, in which case yes, you should not discuss it.

Jenni811, RN · Mar 1, 2011

She could get in trouble. Just tell her you cannot be discussing other residents.

systoly · Mar 1, 2011

It all goes back to the patient. The patient (POA or guardian if applicable) has the right to determine with whom info is shared. Since most of the time we're not sure what the patient's wishes are it's always best to refrain from sharing any info at all.

HeartsOpenWide, RN · Mar 1, 2011

It depends on the situation. I work in OB. If a person calls and says "Can you put me through to Sarah's room?" I will ask who is calling, ask Sarah if I can put the person through. If Sarah gives instructions to tell people she is not there I will (Jane Doe). If some calls and asks "Is my friend Sarah a patient there?" I say, "I am not allowed to disclose who any of patients are, I can not say if that person is or is not a patient; maybe you should try contacting your friend on her cell phone."

Mike A. Fungin RN · Mar 1, 2011

I'm just really excited that no one in this thread has written it as "HIPPA" yet.

Esme12, ASN, BSN, RN · Mar 1, 2011

I'm just really excited that no one in this thread has written it as "HIPPA" yet.

Amen! :yeah: :yeah: :yeah:

Scarlette Wings · Mar 1, 2011

hipaa is about as clear as mud.