family member is patient of practice-HIPAA violation?

[JordanRose]

A co worker's family member is a patient of our specialty practice. I know that the co worker (the doctor's nurse)has been in her family member's chart for various reasons when the pt calls and requests refills, to schedule appointments, etc. There are several nurses in this practice who could enter the information in the patient's chart. Isn't this a HIPAA violation if an employee is in the patient's (family member) chart? Shouldn't that nurse ask another nurse to the patient's calls and document what has been done. I would think that this co worker would want to turn her family member over to another member of the nursing staff and let that employee handle the information. Am I wrong in thinking that? TIA

[angeloublue22, BSN, RN]

It depends on what your policy is. I work in a very small town so it is impossible for our staff not to treat their family or friends and frequently. I work in mental health and addictions which is more strict. I'm not sure about medical. Our policy is to discuss this with the patient about their comfort level and then we make sure the employ is also comfortable and reiterate the need for HIPPA. Of course, all of this is written and signed for. They must both sign an agreement. If either party is not okay with it, the employee gets reassigned if possible or the patient gets referred somewhere else.

[chare]

No, as long as he or she is only accessing the EMR when, and to the extent needed to complete an authorzed task, not a HIPAA violation. I agree with angeloublue22 that this might violate agency privacy practices.

[Horseshoe, BSN, RN]

Does the nurse have the written permission of the family member to access her chart?

[chare]

Does the nurse have the written permission of the family member to access her chart?

I read this as the nurse in question is accessible from the chart for a valid reason, with a need to access the chart for professional, not personal reasons. If this is the case, and her or she is doing he same as he or she would for any other patient seen at the practice, no permission is needed. As previously noted, if this is the situation this might violate the office privacy practices, but not a HIPAA violation