HIPAA dilemna/question

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Specializes in Med/Surg/Tele/SNF-LTC/Supervisory.

About 3 months ago, one of my patients died unexpectantly after a major surgery. I hadn't taken care of him for an extended period of time, just few short wks, but he made such an impression on me w/his kindness, comical sense, and just all around beautiful soul. We spoke often of our love for our cats and animals in general. When I'd found out he passed, I was quite sad. He had such plans for the rest of his life and it stinks for this world to lose a person like him so young.

My dilemna is.. after his death, I'd made a monetary donation to an animal sanctuary where his two cats were placed. Well, just yesterday I received a letter from his family ( I think the animal sanctuary gave them my address and the details of the donation) - this letter is thanking me for the donation but also requesting I write them or call them with "how I knew him". I would LOVE to share with his family, how much I enjoyed him, and let them know how special he was not only to them, but to others.. but.. there is that darned Hipaa thing. I believe it would be against the Hipaa Law to do this. But, does anyone know for sure?

I know if my loved one passed on, it would be heartwarming to hear how they touched another person's life.

Any suggestions would be so appreciated. Thanks! :heartbeat

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Specializes in Psych (25 years), Medical (15 years).

NocturneNurse:

Wow. What a great story. And how good of you to honor your patient! Of course you want to convey good things to his family members.

I cannot speak to you as one who has great knowledge in the area of Confidentiality Laws. The basis of these laws, as I understand, is to protect the privacy of the individual. I can see no gross invasion of privacy in this matter. And I'm sure you would like to follow your hearts desire and communicate with these relatives of a patient you held in such high regard.

Perhaps someone else will be able to give you more information so you can make an informed choice.

For what it's worth, I'd go for it. We need to risk a little safety sometimes in order to spread the love.

The best to you.

Dave

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Specializes in Medsurg/ICU, Mental Health, Home Health.

I don't see a HIPAA dilemma at all here...especially since the patient is deceased.

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Hello,

Pre-nursing student here. Isn't HIPAA to protect the person's medical info, DOB, address, etc from public access? Does it violate HIPAA to say that you knew him as a patient? If so, can you just say "I was honored to know him and he touched my heart with his kindness, etc, etc" In other words, say how special he was, but don't say exactly HOW you came to know him.

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Specializes in Med/Surg, Ortho, ASC.

The fact that the patient is deceased doesn't really matter, as an individual's privacy should still be protected, even after death. I can understand the family wanting to understand exactly how you knew their loved one.

I don't believe that it would be a HIPAA violation for you to disclose that you cared for their family member in the past. But truly, you don't even have to say that. You can just answer that you work as a nurse at XX Hospital - they'll be able to figure it out.

What a lovely gesture you made...

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Who was the next person in line to have the patient's medical power of attorney? In my state it reverts to a spouse, if no spouse then an adult child, or adult parents if there are no children. If this man had no spouse or children, then the parents are the next in line with the legal right to know details, so I don't see it as a violation. Besides which, sometimes following the letter of the law is asinine......

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Who was the next person in line to have the patient's medical power of attorney? In my state it reverts to a spouse, if no spouse then an adult child, or adult parents if there are no children. If this man had no spouse or children, then the parents are the next in line with the legal right to know details, so I don't see it as a violation. Besides which, sometimes following the letter of the law is asinine......

Oy! so true, and the older you get, the more obvious it becomes!

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Specializes in Med/Surg, Neuro, ICU, travel RN, Psych.

I would just say that you work at "X" hospital. They will get it. But if you are only sharing with his next of kin, it wouldn't really be a HIPPA violation I wouldn't think. Never mind that they are seeking you out.

If you are truly concerned, I would contact your risk management department, and ask them how you should handle it!

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I believe RevolutioN2013 hit it on the head with theintent if HIPAA is to prevent PHI (protected health information) from bein disclosed. Simply letting the family shouldn't be a violation of HIPAA. On the other hand, if you were to expand on specifics regarding his condition or the course of treatment (without permission) that would probably get you into hot HIPAA water. If someone were to call hospital X and ask if patient Y was there, you are allowed to answer.just not go into detail.

To protect yourself, you could consult your hospital Compliance Officer. It may be worth talking to the Compliance Officer, especially since individual employees, not just the hospital are subject to punishment (fines and/or jail time) for HIPAA violations.

The other posters are right that what you did was a beautiful gesture for your patient and it is a shame that you have to worry about whether or not to communicate with the family of your former patient. I'm sure it would be comforting to them to hear from you, knowing their loved one was cared for by such a caring person.

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I'm sorry to hear about your loss. I agree with most of the above. HIPAA is there to prevent confidential medical information from being revealed. It's not top secret to say you were his nurse, or you took care of him.

However, if they ask details about his medical care, or his condition, then HIPAA would apply. But if you just said that you met him in the hospital, then sure.

Incidentally, HIPAA does apply to the deceased.

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what are they ( the family) going to do?, call your employeer and file a complaint on you for a HIPAA violation? this world is too "politically correct" and I do believe Christmas is a celebration of the birthday of JESUS. happy thanksgiving.

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Specializes in Nephrology, Cardiology, ER, ICU.

Nope, I wouldn't cross that line - I wouldn't answer this note.

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