HIPAA question (Yes, another one! Busy HIPAA day!)

Nurses General Nursing

Published

Okay so I was going to ask this even before I saw the other HIPAA threads - weird.

We have a system where, if a pt is moved to a different room on the floor for whatever reason (need to be closer to station, need private room, need HEPA filter, request, etc.), we have a piece of paper that we stick to the door of the old room. We write the pt's last name on it and what room number they moved to. So my question is this: is this a HIPAA violation? It's sort of an old policy that never died out, and I don't know what the rules are if you just use a last name. Obviously if this pt had requested a no release of information or a was a confidentiality alert, we wouldn't post anything. And we don't put "JOHN SMITH, THE GUY WITH THE SCROTAL SWELLING, IS NOW IN ROOM 77! Just "SMITH is now in room 77." TIA for opinions!

unless the pt is a no info pt, then it is not a hippa violation.

I believe it is a HIPAA violation. We are not even allowed to post our patient's names on the board because our facility considers it a HIPAA violation. We have to place the Room # and the attending physician.

Think of it this way...Even though the patient is not a confidential patient, you are basically advertising the name and room # on a door. It is not the same as a family member or friend coming to the hospital and requesting the patient by name to obtain their room number.

Specializes in MSP, Informatics.

I think I read somewhere that last names are ok posted some places. that they look at that as incidental finding of information. We still have last names on our Med carts. ...

Just found the post from the Rural HIPPA FAQ page:

Question: Can a patient’s name be posted next to their hospital room door?

Answer: Yes, if the use or disclosure is for treatment or for health care operations purposes. The disclosure of such information to other persons (such as other visitors) that will likely also occur due to the posting is an incidental disclosure.

I believe it is a HIPAA violation. We are not even allowed to post our patient's names on the board because our facility considers it a HIPAA violation. We have to place the Room # and the attending physician.

I think many administrators have interpretted HIPAA to mean not one iota of patient information ever be heard or seen by another unless absolutely necessary for their care. They have taught their staff this and created policies that reflect an overly strict interpretation. However, it's my understanding that HIPAA isn't meant to THAT constrictive. I think CathyLew has it right and incidental finding or overhearing of information is alright in the normal course of providing patient care. HIPPA is to protect against accessing and sharing health care information outside of providing care... looking up a celebrity's electronic medical record, sending out pictures of a funny-looking patient to friends, giving out patient information (eg who had certain surgeries) to companies who want to solicit them for business, etc.

Specializes in nursing student.
I believe it is a HIPAA violation. We are not even allowed to post our patient's names on the board because our facility considers it a HIPAA violation. We have to place the Room # and the attending physician.

Think of it this way...Even though the patient is not a confidential patient, you are basically advertising the name and room # on a door. It is not the same as a family member or friend coming to the hospital and requesting the patient by name to obtain their room number.

We are only allowed to use First Name and Last Initial on our assignment boards due to HIPAA and the fact that it is in an open area that visiotrs can see.

Specializes in OB, HH, ADMIN, IC, ED, QI.
We are only allowed to use First Name and Last Initial on our assignment boards due to HIPAA and the fact that it is in an open area that visiotrs can see.

As has been reflected in this thread, HIPPA has nothing to do with confidentiality! It has given people in charge of units and administrators a chance to make their views on confidentiality known, but confidentiality left that law before it was passed. The health insurance industry lobbied for it, renamed it to "Health Insurance Privacy and Portability Act" (HIPPA), and made sure that in signing it, patients allow their private information to be given any agency, attorney, court, etc. requesting it. No one reads the small print, so they sign that they've been given a copy of the Act.

Now there's a place for patients to initial that they refused the information (which I did, as I won't support such abuse of legislation and taxpayor funds). However anyone working in medical records pays no attention to it, as most people sign that they received the info - just to be nice. And the information is given to whoever asks for it, without notice to the patient!

Grrrrrrrrrrr

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