Has HIPAA gone too far?

[DovMarcus]

Hi everyone! I know that this forum is often utilized to discuss specific cases. I want to talk about HIPAA in general, more theoretical.

HIPAA was created to protect our patients. And it does specifically that. But I get the sense that at this point in time, the cart is coming before the horse.

Lets say that, as a nurse, I have an experience with a patient. That experience is mine but it also involves a patient. I have the moral and legal obligation to protect that patient's privacy. Therefore, if I want to talk about my experience, I need to change the name and some details. That's how I was educated.

Things have gotten weird. Now I feel like I am sworn to secrecy for all time, lest someone comes out of the wood work and says, "That was me! I was his patient! I heard him talking and it made me upset!" I would say, "No, dude, the person in my story was a woman! You say I treated your CHF but she had CKD! What are you talking about?!"

I'm led to understand that I'd still be at risk. Sworn to secrecy for all time. Thoughts?

Do you feel like HIPAA has gone too far? Is the cart before the horse? Have we forgotten the purpose of the rules and instead focus too much on enforcement of the rules for the sake of rule enforcement?

[elkpark]

Nope.

[chare]

Deleted.

[JustBeachyNurse, LPN]

I think it's misunderstood and used as an excuse for everything and even outside healthcare. However I think incidents are under reported and under enforced even in rather egregious scenarios.

[Double-Helix, BSN, RN]

HIPAA” has become synonymous with patient privacy”. Often when people talk about violating HIPAA, what they really mean is violating their employer's policies surrounding confidentiality. These are often much more strict and far reaching than HIPAA laws. For example, say a patient writes a public blog about their medical journey where they personally disclose their name, diagnosis, and where they receive treatment (my hospital). If I share that blog post on social media, I'm breaking my employer's privacy policy. If you actually read the legal statutes, HIPAA is quite specific. So, if anything, it's the individual facility policies that have gone to far.” But, I don't really think they have. It today's technologically-driven world, private information can be shared more quickly, more easily, and far further than it used to be. And given the sue-happy society we live in today, employers are better off erring on the side of caution.

[/username, BSN, RN]

No, it's fine, and always has been. What has changed and gotten worse is people not knowing what the law itself states, so they think that if you even say patient inside a hospital, it's a hipaa violation. This is strengthened and made worse by healthcare administration that seeks to paralyze their staff in fear.