HIPPA Laws

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A resident at the LTC center that I work at was sent to the hospital several days ago. The nurse that usually cares for her was worried about her, and called the hospital to check on her. The nurse she spoke to referred the nurse to the family, because she said it would violate HIPPA to give out the resident's medical info. I called back over, and told them that it is not violating HIPPA because she is still our resident. They have to give us report when they are coming back anyway. We have had this problem a couple of other times. Has anyone had any similiar problems? I think some hospital nurses are going overboard on HIPPPA (JMHO) ~Robin :rolleyes:

By the way, it's HIPAA, not HIPPA. The main problem with HIPAA is people who do not know enough about it, and therefore overreact by withholding information.

It is pefectly legal for a hospital and nursing home to exchange information about a pt for whom they have both provided care.

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By the way, it's HIPAA, not HIPPA.

I think we already cleared that one up!:coollook:

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By the way, it's HIPAA, not HIPPA. The main problem with HIPAA is people who do not know enough about it, and therefore overreact by withholding information.

It is pefectly legal for a hospital and nursing home to exchange information about a pt for whom they have both provided care.

How about we just say it like I do...."The Privacy paper! LOL"

I had it right on my first post, corrected myself to the wrong thing when I saw others using it.

I know better then to second guess myself. OH well

I agree with you 100%. My agency office will ask the nurses in the home to keep up with the case. The nursing staff at most hospitals simply will not talk to us. They refer us back to the family.

I understand that they can not confirm my credentials and need to know, but for crying out loud, how would I know what I know if I wasn't the professional in the home!?

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I called back over, and told them that it is not violating HIPPA because she is still our resident.
Years before HIPAA we were not allowed to get information on the patient once they were admitted to the hospital.

My understanding is that under Medicare (and WA Medicaid) guidelines once the patient has been formally admitted to the hospital they are NOT the facility's (or HH agency's) resident anymore and they have to list the resident as a discharge on their census records (because Medicare & Medicade will not pay for both beds).

Any release of information signed upon admit (to the facility/HH agency) is void upon discharge. When the resident returns to the facility they are handled as admits and they are treated a such in terms of paper work-orders, MDS, care plan, DNR, admission agreement, 485. Some paper work can be brought forward.

Any time I have wanted to know something (including a condition update) I go to the Admissions person, they call the hospital discharge planner and get the info.

Once a resident has been to the hospital and readmitted to the facility we had 2 choices to obtain info: go thru the medical records office at the hospital (very slow) or call the doctors office as they had copies of all the labs, etc (same or next day).

The facility or agency has NO claim to the resident and no right to their info.

HIPAA doesn't exist to make nurses lives difficult, it exists to protect everyones medical information.

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In my experience, whenever a pt is admitted to any type of facility, LTC, acute or clinic, the pt or responsible person signs a consent allowing for information to be shared among all facilities, labs, doctors, Medicare, Medicaide, the pts' private ins co., and other individuals and organizations involved in the pt's care.

Where I work, we freely share pt info with hospitals, labs, consulting docs, nursing homes, Medicare, Medicaise, ins cos, etc. involved with our pts' care. All of our pts have signed consents in their charts allowing for this and it is legal.

We cannot share pt info with others such as relatives, neighbors, acquantances, etc. unless a pt has given written consent for such.

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By the way, it's HIPAA, not HIPPA.

I think we already cleared that one up!:coollook:

Well, that's what I thought, too. However, we continue to see it as "HIPPA" instead of "HIPAA" on these boards on a daily basis.

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Years before HIPAA we were not allowed to get information on the patient once they were admitted to the hospital.

My understanding is that under Medicare (and WA Medicaid) guidelines once the patient has been formally admitted to the hospital they are NOT the facility's (or HH agency's) resident anymore and they have to list the resident as a discharge on their census records (because Medicare & Medicade will not pay for both beds).

Any release of information signed upon admit (to the facility/HH agency) is void upon discharge. When the resident returns to the facility they are handled as admits and they are treated a such in terms of paper work-orders, MDS, care plan, DNR, admission agreement, 485. Some paper work can be brought forward.

Any time I have wanted to know something (including a condition update) I go to the Admissions person, they call the hospital discharge planner and get the info.

Once a resident has been to the hospital and readmitted to the facility we had 2 choices to obtain info: go thru the medical records office at the hospital (very slow) or call the doctors office as they had copies of all the labs, etc (same or next day).

The facility or agency has NO claim to the resident and no right to their info.

HIPAA doesn't exist to make nurses lives difficult, it exists to protect everyones medical information.

In Tennessee, when a Medicaid ICF resident in LTC is admitted to the hospital, the nursing home automatically receives a 15 day bedhold. If a SNF Medicare A or Private Pay resident is admitted to the hospital, we give the family the option of paying for the bedhold while the resident is out. We do not close our charts, and treat hospital returns as a new admit. The only time we close out a chart is when they are discharged without return anticipated. We still list bed hold residents on our daily census. I am responsible for determining if a resident is eligible to receive Medicare A benefits when they return from a qualifying 3 day hospital stay. I like to keep in touch to see what is going on, make arrangements. Sometimes we have to move residents off the SNF hall that are no longer skilled, and make room for a resident that needs SNF services. It is hard to plan if you can't get information, and you can't rely on the family for this info. Luckily, I am able to get info. My original post was that the nurses that usually care for the residents are having problems getting info. They just want to know because they care about the people they care for everyday. Thanks, Robin :coollook:

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familes call the ltc for information because they can not get info from hospital and they frequently are out of town, sometimes out of state and they want to know if the hospitalization is serious enough for them to make a trip....hospital has their phone numbers and they (hospital) can initiate the call but usually they will not...i don't know if they are not allowed to or if they are just not willing to go the extra mile we usually are only called if they are giving report on return or if the pt has expired

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what's HIPPA law? :imbar (sorry i'm not in US yet so i have no idea)

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what's HIPPA law? :imbar (sorry i'm not in US yet so i have no idea)

http://www.hhs.gov/ocr/hipaa/

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depends on what paper work was filled out on admission concerning hippa and what the responsible party consented to in the way of releasing information. usually people have to put it in writing if they want specific information & to who. if a patient is in a hospital they are no longer a pt. of ltc (maybe in terms of a bedhold) until they get readmitted. you have to use your common sense. when i send patients back and forth i feel perfectly comfortable releasing information to the hospital or nursing home personel. i dont think too many strangers could easily pass themselves off as a nurse. technically if a nurse who is sitting next to you overhears you speaking on the phone about a pt. they are not assigned to that is a violation of hippa, so they need to get us sound proof booths to stay in absolute compliance??? :uhoh3: :uhoh3:

a resident at the ltc center that i work at was sent to the hospital several days ago. the nurse that usually cares for her was worried about her, and called the hospital to check on her. the nurse she spoke to referred the nurse to the family, because she said it would violate hippa to give out the resident's medical info. i called back over, and told them that it is not violating hippa because she is still our resident. they have to give us report when they are coming back anyway. we have had this problem a couple of other times. has anyone had any similiar problems? i think some hospital nurses are going overboard on hipppa (jmho) ~robin :rolleyes:
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I love it when we are doing an admission assessment on a resident in a two bed room! The resident is hard of hearing (of course) and the nurse is in the room. with the roommate present, shouting "Do you have trouble with your urine?"!!:rolleyes:

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