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  1. Hello! I am a home dialysis nurse and work for a company that contracts with multiple providers and physicians. I discussed a situation about a patient (using no names or identifying information or identifying doctor of physician) because I trust this particular doc and was looking for advice on how to proceed as the patient's current physician was not giving any guidance. Is this a hipaa violation?
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    About Appleaday01

    Joined: Apr '18; Posts: 3; Likes: 1

    7 Comments

  3. by   brownbook
    I have no idea.

    I can't see much difference between what you did, and posting a carefully worded, giving no details, question on Allnurses about a patient issue?

    I love to listen to Dr. Radio, a call in talk show. Doctors frequently mention, discuss, patients they have seen. This is on satellite radio. I've never heard them even mention HIPPA?

    Anyway I still hate HIPAA.

    How funny, I spelled HIPAA wrong on one paragraph and correct on the next. '

    I repeat I hate HIPAAAAAAAAA
    Last edit by brownbook on Apr 29
  4. by   Double-Helix
    It would depend on what information specifically was shared. If all details were general and there was no way for the physician to identify the patient based on information provided, no, this is not a HIPAA violation.

    Which is not to say that your employer or the patient's physician, if they were to find out, would be pleased that you were discussing their patient and soliciting a consult from an outside physician.

    HIPAA violation? No. Potentially putting your job at risk? Yes.
  5. by   JKL33
    And in addition your even bigger problem may be that seeking the advice of an uninvolved physician who actually has no duty to the patient is abrogating your duty to follow through a sort of "chain of command" if there is a problem with the care of your patient (assuming a situation where you are consulting another physician because of some sort of misgivings about the patient's care). Does that make sense? In other words if you have a concern (or are not getting information/necessary guidance about a patient situation) then your duty is to follow through by consulting the appropriate party who also has a duty to that particular patient.
  6. by   brownbook
    Quote from JKL33
    And in addition your even bigger problem may be that seeking the advice of an uninvolved physician who actually has no duty to the patient is abrogating your duty to follow through a sort of "chain of command" if there is a problem with the care of your patient (assuming a situation where you are consulting another physician because of some sort of misgivings about the patient's care). Does that make sense? In other words if you have a concern (or are not getting information/necessary guidance about a patient situation) then your duty is to follow through by consulting the appropriate party who also has a duty to that particular patient.
    Seems like overkill to me. Just having a "hey, what do you think about this", conversation with a health care professional you trust. Bouncing ideas off another person. Sure, then take it up the chain of command.
  7. by   Have Nurse
    Quote from Appleaday01
    Hello! I am a home dialysis nurse and work for a company that contracts with multiple providers and physicians. I discussed a situation about a patient (using no names or identifying information or identifying doctor of physician) because I trust this particular doc and was looking for advice on how to proceed as the patient's current physician was not giving any guidance. Is this a hipaa violation?
    If you spoke with him directly and it was to help with the patient's care and you did not share demographics, photos, financial information then no. Diagnosis comes under that too but in this sense, it was to handle patient care for this individual on a need to know basis. My only question is, was this physician part of the patient's doctor's group? If not, why did you not call the doc on call for that physician? Just asking..?
  8. by   Appleaday01
    Thanks for responding! They are not in the same group. I had asked the doc several times how to proceed. He either wouldn't answer or 'send her to the er and let them handle it'. The pt was not comfortable w that response. The doc I spoke to is a trusted colleague and, I did not share any id info. Just the basic facts of the case.
  9. by   inthecosmos
    Quote from Appleaday01
    Thanks for responding! They are not in the same group. I had asked the doc several times how to proceed. He either wouldn't answer or 'send her to the er and let them handle it'. The pt was not comfortable w that response. The doc I spoke to is a trusted colleague and, I did not share any id info. Just the basic facts of the case.
    Sounds like she needs to change docs.

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