Britney Spear - HIPPA violation?

aloevera · Feb 4, 2008

I agree----in my hospital if someone even calls, we cannot acknowledge whether they are there or not unless they are on their list of people AND have the confidentiality number.......

Don't know how that will play out, but it has happened before: celebritys going in and all knowing, maybe different when it happens on the news... Now once she is there, no one at the Hospital should be giving out ANY information as to her treatment.....

Katnip, RN · Feb 4, 2008

I don't know how much information is being given out. It may be that her publicist is giving bits of info so the media doesn't try to bribe staff into giving even more info about her. Or her family may be leaking information to the media, again as a preemptive measure to keep them from going to far and digging too deep. Or, the media may have gotten bits of rumors and put them together as fact.

Personally, I say leave the poor woman alone. It's hard enough to have a mental illness without half the world hearing ridiculous, likely inflated stories, or seeing bad photots of yourself plastered all over the place.

rn/writer, RN · Feb 7, 2008

Seems like a good part of the information comes from the media--mainstream press as well as paparazzi--who dog her every move. Also, some court proceedings are public record, and for those that aren't, the outcomes might still be revealed. Her publicist and others who are personally involved with her may be leaking information either to help her or for their own personal gain. Her family members are not known for their ability to keep their mouths shut. And Britney herself has been no model of discretion.

I haven't seen anything that indicates a healthcare facility or its workers violated HIPAA. Remember, we're bound by confidentiality laws and ethical considerations, but that doesn't mean other people observe (or are legally bound by) those rules.

One more thought--there's nothing saying that the rumors and stories and speculation and innuendo have any basis in fact. Could be there are some spilling made-up beans for a buck or just for the attention.

I do hope the poor girl gets the help she needs.

allnurses Guide · Feb 9, 2008

I agree; I really would like to see this poor girl get the help she needs and go on to be a good mother to her two kids. She's done some pretty dumb things and brought on a lot of negative attention herself, but that doesn't change the fact that the girl needs serious, serious help.

That was an interesting question. I agree though, that most of the information is probably coming from the paparazzi and others who harass the heck out of the girl, and also her family and "friends". I doubt that any of it is coming directly from the hospital.

TopazStone · Feb 25, 2008

Sheesh-- I've been saying for ages now that the poor girl seems to be Bipolar and they should leave her alone. Can you imagine having your psychotic break publicized like this? It is unfortunate but I'm sure the media had access to a police scanner and heard a call go out for her address so they were able to chase the ambulance. I think she should be able to sue over the whole "involuntary hold" information being released by the media.

sanakruz, ADN · Feb 28, 2008

If I'm not mistaken law enforcement placed her on the 5150 as an alternative to incarceration. Here in CA 5150 is the health and welfare code number for involuntary 72 hour psychiatric evaluation and treatment.

The magazine articles with headlines like PSYCH WARD and MENTAL HOSPITAL certainly perpetuated the stigma our pts fight every day. This I think was the biggest disservice done.https://allnurses.com/forums/images/smilies/mad.gif

:madface:

Freedom42 · Feb 28, 2008

If I'm not mistaken, it was the non-licensed "Dr. Phil" who went to the media with his comments on Britney Spears' hospitalization. Another doctor filed a complaint with California regulators.

For what it's worth, a nursing journal -- AJN? -- printed an article by a nurse/attorney about a year ago that said no one or no single institution has ever been prosecuted for a HIPAA violation. Two people had been prosecuted for stealing people's personal information and using it for purposes of theft, but no one, according to the article, had ever been penalized for violating privacy laws. I think that's interesting, given that we're drilled so much about observing a law whose only enforcement is apparently by peer pressure.

rn/writer, RN · Feb 28, 2008

There may not have been any successful civil actions regarding HIPAA violations, but many healthcare workers have been disciplined or fired from their jobs for violating confidentiality rules. Employers have a much lower "burden of proof" than the legal system requires. In some cases, they may fire an employee to avoid a lawsuit, saying, we took serious action, so you no longer need to come after us. In other cases, employees caught looking up unauthorized information or gossiping about a celebrity patient may be fired to set an example.

Just because you might not be sued, that doesn't mean that HIPAA infractions are without consequence.

I think she should be able to sue over the whole "involuntary hold" information being released by the media.

Who is it that she should sue? The media are not bound by HIPAA regulations, and that is especially true in the case of a public figure. It's unfortunate that Brit is living her meltdown in front of millions, but she has a habit of inviting the paparazzi into her world, even going so far as to date one.

Britney, like many celebs, is her own worst enemy. I hope that at some point she can get her head clear enough to accept whatever help she needs.

Freedom42 · Feb 28, 2008

There may not have been any successful civil actions regarding HIPAA violations, but many healthcare workers have been disciplined or fired from their jobs for violating confidentiality rules.

It's not that there haven't been "any successful civil actions." There haven't been any actions, period. HIPAA is complaint-based and not enforced. I'm not defending workers who violate patients' privacy, but pointing out that -- as is often suggested on this board -- the idea that hospitals have no choice but to fire to avoid a lawsuit is false. There are no lawsuits.

As for sanctioning the media for reporting on Britney's hospitalizations, that would be pretty tough, not to mention a violation of their First Amendment rights. She was recently accompanied to the hospital by a caravan the length of a football field and two helicopters overhead. And that was just the police. You might find it distasteful, but reporting it hardly violates her privacy.