family member and giving medical information

[Ms.RN]

i have a family member who requested that i give her names of medication her father is taking. i looked up a chart to see who the responsible person is but her name is not listed as responsible person. but since she is a family member would you still give names of medication or would you refuse becuase of hippa law? fyi this is a long term care facility.

[CaLLaCoDe, BSN, RN]

As long as you have permission by the patient to give that information out I don't see how this could be a HIPPA violation. I print out MARs all the time, especially handy to hand to ED staff when they are admitting a patient and are pleasantly surprised when the daughter comes to the rescue with medication papers in hand! One thing you can expect by doing this, giving out this information is the following: "He doesn't take that any more! Why is he taking that medication, isn't it rat poison?I told my mom to take him off that med, can you convince her? Why is he on these meds? He doesn't take them at home???"

If you really want to play it safe you could paste something on the mar over the patient's name when you copy the MAR to prevent a lawsuit.

To play it safe I would go with roser 13's post below this one. A safer plan!

[roser13, ASN, RN]

No, I would inform the family member that you are obligated to honor HIPAA regulations, which prohibit giving out the patient's medication information to anyone other than those listed as entitled. It's usually very helpful to enlist the family member's compliance by conveying how irksome you find these HIPAA regulations, but that your position depends upon your compliance.

[CapeCodMermaid, RN]

Family members aren't automatically entitled to any information. If the person is the health care proxy and the proxy hasn't been invoked, we won't give that information unless we have permission from the resident. If the HCP IS invoked, then they are legally entitled to the information. We do NOT give copies of med sheets to anyone unless the resident is going out rescue. One or two blanks on the MAR sets you up for trouble.

[nyteshade, BSN]

In the LTC enviroment if the family member is not listed in the chart, too bad for them. How do you know who you are really talking to anyway? I would also ask for proof of ID too if the name was in the chart. If they make a scene, than they can go through medical records and pay to copy records if they need it that bad.

FYI:

Lawyers in my neck of the woods have been known to represent themselves as "family" to get information. Don't get caught with your foot in your mouth!

[southernbeegirl, BSN, RN]

if they arent on the list then they gets no info! unless the patient is a/o and can give the permission. even then, i agree with CCM, never ever give them copies of the MARS! i always write out the med lists on a piece of paper with the name of the drug and directions. if they want an official "copy" of something from the chart...they can visit medical records with all the appropriate releases signed and such.

ive had people cuss me because i refuse to give them info or copies from the chart. i tell them all the same thing, "i am NOT breaking the law for you or anyone. not only could i lose my license for HIPAA violations, i can go to jail as well. sorry it inconviences YOU to follow the law but it is what it is baby". and off i go on my merry way.

[txspadequeenRN, BSN, RN]

if they are not listed as the responsible party then they get no information from me...i direct them back to the family so they can get their information.....copies come from medical records only and this stands for the responsible party as well......

[cheska_rn, ASN, RN]

My grandmother has been in and out of the hospital many, many times these last few years. My mother, who is over 1,400 miles away, will call for information and will always get it. She simply asks to speak to a nurse, and then will question the nurse about my Gran's condition, medications, etc. Only once or twice (in the many times she has called), has a nurse given her a 'hard time' about giving out info.

It worries me because we truly do not know who is on the other line! Like a previous poster said - what if it is a lawyer or someone that really shouldn't have that info??

I don't know. I guess I'm torn. I'm glad my Mom can get the info she needs, but in my heart I do not think the nurses should be giving it out over the phone.

I'd just be weary about giving out any information, that can be deemed confidential, to parties that are not authorized to receive it.

[NurseKatie08, MSN]

I work on the subacute unit in a LTC facility. We seem to run into this issue a lot. I'm currently dealing with it on a daily basis from a pt's family member (who is not listed as a responsible party/HCP) but wants information to be given to him out of earshot of the patient. (Pt has hx of a developmental delay, but is a&ox3 and responsible for herself/has no HCP in place or invoked.) I simply tell him over and over that I'm happy to explain his family member's tx/condition/progress, but with her permission and in front of her only. He has finally started to get it.

If someone calls the facility asking for info about their family member, I often tell them to call the patient directly or to come and visit if they have concerns as it's impossible to verify who I am speaking with.

[tewdles, RN]

If the person is not on your list you have an obligation to deny that request. I generally refer the interested person directly to the DPOA or to the patient for answers to those questions. They will sometimes get a bit snotty with you, perhaps thinking that they can change your mind, but you are confined by the law...period. I generally make it a point to document who wanted what, what I told them, and I notify the DPOA, advocate, or patient as to the request.

Sometimes, when these things happen, it becomes apparent to the family that they simply need to reconsider and revise their list. Most of the time, in my experience, the name simply gets added to the list, or the family acknowledges a communication deficit and fixes it internally.

[Plagueis]

If someone calls the facility asking for info about their family member, I often tell them to call the patient directly or to come and visit if they have concerns as it's impossible to verify who I am speaking with.

I've never seen any nurse actually do what you posted, but it's something that I think I should say in that situation. I know that some nurses may "know" the voice of the POA or HCP, but I don't, so I would be uncomfortable giving out info to someone who may say he/she is the POA.

Moreover, I do wonder about getting calls from someone who claims to be Mr. Smith's doctor/specialist, asking for info about an order or something, but I may not know the doctor's voice. So how do I really know it's the doctor, unless I get another nurse to verify the voice, or ask the doctor to come to the facility in-person? I've been told by fellow nurses that they know some family members pretended to be a doctor in order to get information.