Skip to content
View in the app

A better way to browse. Learn more.
allnurses

A full-screen app on your home screen with push notifications, badges and more.

To install this app on iOS and iPadOS
  1. Tap the Share icon in Safari
  2. Scroll the menu and tap Add to Home Screen.
  3. Tap Add in the top-right corner.
To install this app on Android
  1. Tap the 3-dot menu (⋮) in the top-right corner of the browser.
  2. Tap Add to Home screen or Install app.
  3. Confirm by tapping Install.
Discussion

Can a nursing client be used for a reference with their consent?

I've been a Private, Self-Employed Independent Consultant/Advisor for Families (Parents) of Infants in Neonatal ICU for ~ 15 years. I am the Owner. (No supervision over me). I want to start working part-time in a Hospital, but I am being asked for "Manager References" that are less than 7 years old. I have Nursing References, but they are older than 7 years. I have "Clients," on the other hand, that are less than 7 Years old. Would it be violating HIPAA law if I use "Clients" that have "given me permission" to use them as References? Would I need to use a pseudo name or somehow hide their true names on the Application, or would I use their actual name?

  • Quote

    • Solved by JKL33

    Go to solution

    Featured Replies

    Who is paying you/are you even a HIPAA covered entity or business associate?

    Beyond that--what does the company in question say when you have informed them that you do not have "manager references," period? I mean, you just don't have them.

    This issue is really stupid and annoying on their part; many of the places demanding these kinds of references forbid their own employees from giving out such references.

  • Quote
    • Author

    @JKL33 Hi. No, I am not a HIPAA covered entity and pay is from the client. 

    ". . . what does the company in question say when you have informed them that you do not have "manager references," period?

      - I am working with a Hiring Agency. They sent me information about one Hospital to which I am now trying to apply, (I think they may have an agreement / contract with the Hospital).

    I've asked the Rep from the Hiring Agency twice about handling the References. A Response I got was ". . . it is fine to use non-nurses as long as they are not the patients - concern about HIPAA.” I explained the parents are the clients, not the infants. But still had the question, "Can you find Managers with whom you worked?” (The Application asks for "Manager References" that are not older than 7 years. . . . I have Managers who could be References, but are older than 7 years. . . . This leaves me my Clients. But my Clients are not my "Managers”). Thus my dilemma on how to answer that question. 

    I was hoping the Agency would contact HR at the Hospital and ask the question. I may have to ask the Agency for a contact person at the Hospital HR, and ask the question myself. . . . Frustrating part is it's very difficult to get in touch with HR Departments now. I had a nurse friend tell me her HR Department was horrible pre-COVID. Now it's just insane. The staff sends questions / requests to HR and never get responses. 

  • Quote
    PJG RN said:

    I was hoping the Agency would contact HR at the Hospital and ask the question. I may have to ask the Agency for a contact person at the Hospital HR, and ask the question myself. . . . Frustrating part is it’s very difficult to get in touch with HR Departments now. I had a nurse friend tell me her HR Department was horrible pre-COVID. Now it’s just insane

    If it was that bad, the HR department would have gone with another Agency...(why do they need an agency to begin with). 

    I don't know if anyone will agree with me but I would call the HR department and say you are providing a  confidential reference for....... When you get someone who can help you explain the situation

  • Quote
    • Solution

    As best I can guess: This technically has nothing to do with HIPAA. You, the one who would be disclosing information, are not a HIPAA covered entity. In addition, you would not be naming any references without the individuals' permission, and could even have them sign some kind of statement to that effect. Even further, as you said--the references are not the patients.

    That said, it's still sticky because, as you have found out, people freak out about HIPAA and think the silliest things have something to do with HIPAA--just read some of the inquiries in this sub-forum! There's also the matter of appearances--another thing people get high and mighty about; too many people love to question others' "ethics" when they don't even stop to consider facts like the ones in your scenario.

    I'm nobody, so this really means nothing and you should do what you think makes the most sense, but I would consider a couple of options if it were me:

    1. Tell the recruiter that you can provide references from clients with whom you've worked, period. Leave it at that.

    2. Or just fill out the app with the names of the clients who have consented to act as references

    The hiring entity will know that you can't provide what they're asking for if/when they review your employment history

    Anyway, good luck, hope it works out ~

  • Quote
    • Author

    londonflo: I agree. I've made up my mind. I will try to contact HR. Hopefully I get to speak with a "real person" and not a voicemail. 

    JKL33: Thanks for all of your insight & suggestions. . . . I try to reach HR first. If no luck, I'll take your second suggestion & write in the clients who give their consent, and leave it at that. I think that will be probably be my solution. . . .

    Again. Thanks for your thoughts and suggestions. It's been a big help.

  • Quote

    • Join the conversation

    You can post now and register later. If you have an account, sign in now to post with your account.

    Guest
    Add a Comment
    Go to topic listing

    Currently Reading 0

    • No registered users viewing this page.

    Account

    Navigation

    Search

    Search

    Configure browser push notifications
    Chrome (Android)
    1. Tap the lock icon next to the address bar.
    2. Tap Permissions → Notifications.
    3. Adjust your preference.
    Chrome (Desktop)
    1. Click the padlock icon in the address bar.
    2. Select Site settings.
    3. Find Notifications and adjust your preference.