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Discussion at nurse's station

HIPAA   (2,733 Views | 26 Replies)
by AnonymouseRN AnonymouseRN (New) New Nurse

AnonymouseRN has 12 years experience and specializes in Case Management.

193 Profile Views; 4 Posts

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MunoRN has 10 years experience as a RN and specializes in Critical Care.

3 Followers; 6,611 Posts; 68,439 Profile Views

36 minutes ago, JKL33 said:

Those are good thoughts from you @MunoRN and @LouDogg, but I still kind of think it could be pieced together in either direction. HHS's definition of treatment includes "provision, coordination, or management of health care and related services." There is nothing to suggest they mean to limit this definition strictly to services related to  physical conditions only (besides, one could make the case that the patient's living situation, including his difficult family members, is directly related to his health and healthcare anyway). As I said, I doubt the charge nurse's comments were the extent of the conversation and just because the eavesdropper may not have conveyed the full contents of the convo to the family member doesn't mean a protected context didn't exist.

I don't know 🤷🏽‍♀️, you two may very well be correct--but I kind of believe that if a formal complaint were made to OCR they would not look kindly on an employee of a covered entity divulging social-health-related information that was obtained from the context of a likely-protected conversation. I know you are noting that it was gossipy in nature, but I don't know if they would get into the weeds like that or just be very displeased that the contents were passed on, related to a patient, by an employee of a covered entity.

I guess it's interesting to think about either way.

I agree, based on information we don't have this could go either way, and we're skipping the bigger issue of whether the family even had the right to be involved in the patient's decision making given the patient's apparent capacity to make their wishes known, and the family's overriding of the patient's wishes which should have resulted in a clear prohibition in their involvement in any decision making, potentially extending into when the patient becomes no longer able to make their own decisions.  

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428 Posts; 7,629 Profile Views

I agree worth all of the above, CNA needs to be fired- but I’m just wondering if APS has ever been Involved?

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AnnaFender specializes in ER Trauma.

16 Posts; 108 Profile Views

Well we both know if the shoe was on the other foot, wouldnt tell your friend whose family member you were talkin about? Bottom line you probably should have waited to speak in private if it got off topic and included negative opinions about the patient.  If I were you I would take this as lesson learned.

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