Privacy question

Nurses General Nursing

Published

Hello,

My spouse is currently hospitalized for a condition that is very private in nature. He had asked that NO ONE be told that he was there, in particular his family that he has a very strained relationship with. Well, he received calls today from his family, at the hospital, checking in on him:angryfire ! One of the nurses is friends with his sibling and told them. What should we do??

TL

You could even go so far as to report the nurse to the BON. BONs do not take kindly to nurses breaking federal laws.......

I see your point, however, his family did not call the hospital to inquire if he was a patient, they were called by the nurse and told that he was there and given his room number.

The way that I have always understood HIPAA, I am not allowed to disclose the presence of a person in the hospital to anyone, other than those involved in their care. So, if a friend's adult son came through the ER, I cannot tell my friend that their son was there, correct?

TL

I've have seen former patients at the grocery store, malls, sam's club ect and I don't walk up to them and start talking to them. If they acknowledge me and start up a conversation that is their right, it's not privacy violation. I have no right to walk up to them and invade their privacy.

Even if that patient is NOT a "no info" patient it IS a violation for nurse to call family members on the sly. If you answer the phone and a person asks where Joe Blow room number is you can tell them but not if they are a "no info" person. In that case you just say " I have no record of that patient name. Have you tried XXXX Hospital?

There once was a DR in plain cloths with no ID and he asked where a 'no info' patient's room was. The secretary told him that we didn't have such patient. The DR got very angry and said " I know he is here let me see the admit board!" and he grabbed for it. The sassy secretary threw the board on the floor and stood on it. And yelled "security! security!" I don't think that DR ever forgot his ID badge again...................

Specializes in Emergency Dept.

I'm with the majority here saying they are trying to blow you off, but I think they are being kind by telling you to go to the next higher up in the hospital. You've tried the charge nurse and management and been blown off both times. This hospital is not going to take you seriously. I would be calling the State Board of Nursing. Seriously - this is fundamentals of nursing information here. We must stand up for ourselves as a profession and allowing behavior like this is unacceptable and will just further the disrespect some have for nurses.

Specializes in MS, Hospice, LTC.
You could even go so far as to report the nurse to the BON. BONs do not take kindly to nurses breaking federal laws.......

I think going this route may be even better than hashing it out with the hospital administration right now. The BON may move a little faster in investigating this and potentially getting you results you seek. I'm not sure how it works when there's been a HIPPA violation, does the hospital have anything to lose for aknowledging what this nurse did wrong?

Specializes in ICU, L&D, Home Health.

That is definitely a violation of HIPAA- here is the government website that describes how to report a violation: http://www.hhs.gov/ocr/privacyhowtofile.htm

Good Luck! Let us know what happened...

I have this statement committed to memory:"Due to Hippa rules, I am not allowed to identify whether that person is a patient at this facility. We do have a code system in place, do you have a code number I can type into the computer for further identification? If not, I suggest you call the family for further information on this matter. I hope you understand this is a federal law and we must observe federal laws. My name is, I hope you have a good day."

Seems to work with for me. I attempt to deliver this message with as much politeness as possible.

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