HIPAA violation or just a bad decision? - page 6

i have a question that may seem like a homework assignment but this is not. i'm concerned that a individual, that is a rn, may have made a big mistake. a nurse that is an assistant manager of a picu... Read More

  1. by   Princess1234
    Good for your bosses. The act begs the question of these nurses - "What the %&*# were they thinking?????"
  2. by   LMcKinnisRN
    One of my previous Administrators was involved in a lawsuit brought against a facility he had worked in before I knew him, for a similar situation, except that it was a LTC patient. One of the workers had taken a picture of a serious pressure wound on the patient's periarea. This was sent to at least one other person, etc. The family found out about it and brought about a lawsuit because of it. You can imagine the far reaching after effects of such a situation for the whole company. And you know how the State feels about dignity situations. As caregivers, we must protect those whom we care for! New rules were developed for the whole corporation to follow, ie- no cell phones to be carried on any person while providing care/checked in for work, etc. Picture taking by cell phones should not be allowed to occur anymore than leaving the door open or the curtains open when providing personal care to a client. What if that client was YOU or your family member? Definitely NOT acceptable.
  3. by   Sarah0106
    This is terrible! We are PROFESSIONALS!
  4. by   Old.Timer
    Go ahead and shoot me for not being pc....but it is total BS to use being from another culture as excuse for not knowing whether to report it or not.If someone does not viscerally understand how #@* wrong that is and aren't instinctually driven to do everything in their power to stop it and prevent it from happening again then as far as I am concerned, they are only a smidge above the behavior itself and have no business practicing. End of story.

    Seriously, for the most part, I take this board with a grain of salt and and definitely don't get this fired up. I suppose for some, they never really get that acute care nursing is different from the corporate world or retail, or sales or PR or on and on and on. People's well-being , both emotional and physical, are placed in your care. The whole "I go to work, do my job, stay out of other people's business" and a general unwillingness to get involved at all costs is what is taking this profession down fast and I mean fast....we are circling the drain.
  5. by   BuckyBadgerRN
    Quote from concerned2012
    i have a question that may seem like a homework assignment but this is not. i'm concerned that a individual, that is a rn, may have made a big mistake.
    a nurse that is an assistant manager of a picu sent a picture via text of a small child, 1 year old, with a severe handicap. along with the text picture was a description "poking fun" at the appearance of the child. the picture was sent to two separate individuals. the child's face was in the picture but no patient name, diagnosis, or any other identifying description. the individual then instructed the people to picture and text was sent to, to "delete right away". they did not.
    sadly the same individual sent another picture via text of another small child, 6 months old, with the child's face clearly visible but, again, no identifiers such as name, but did say the child had rsv. is this a violation or not. the pictures were not posted to face book or anything but one of the people that received the picture is a fellow employee and is struggling with what to do. first is this a clear cut violation? secondly, is the person that received the picture in violation if they do not turn in the employee that sent it?
    in my mind, if she sent the text with "delete right away" attached to it, she knew damn well that what she was doing had some illegal/unethical tones to it. i personally find it disgusting that any nurse, much less someone in a management position would do such a thing and if losing her job is the appropriate punishment (and i do believe that should be the least of her worries), then so be it
  6. by   BuckyBadgerRN
    Quote from BostonTerrierLoverRN
    My niece, who suffered a rare genetic disorder, died this past December. She spent most of her short, tortured life in the hands of Nurses and Caregivers. All the staff I witnessed were extremely professional, and earnestly seemed to care.

    She was a little miracle, and I MISS HER TERRIBLY, her mother and father are still crushed, and barely scraping by. She made it to age 5 never walking, never taking a bite. She had therapy workers and home healthcare workers coming all hours each day. Medical Staff meetings were common at their table, while her mom tried to keep her life as normal as possible.

    As a child of 5, she had the exact intelligence of a child her age. She was precious. She loved music, and one song she loved makes me tear-up everytime it plays. She loved Blues Clues and Dora. She loved her family. She had a glow about her.

    One of the RNs at the hospital filed her SSN on her tax returns thinking that my niece's family wouldn't know they could file her for 2011 secondary to her death. It was the ultimate slap in the face. It was an atrocity. The tax money has still not been given to the family.

    There are monsters among us, and it is our duty to find them and see them out of our profession. If I worked with this nurse, and didn't report her, I would consider myself just as guilty and sick.

    This thread really touched a nerve with me. I'm no polyana, but there is no room for this sickness. It is an abomination. I even hope that Karma doesn't get them, because that's how bad I view these kinds of actions against humans in OUR "CARE."

    There is NO excuse for these actions. Zero Tolerance for Cruelty from "Caregivers!"
    Not to completely derail the initial question at hand, but PLEASE tell me that this nurse that attempted to defraud the government got her fanny handed to her!
  7. by   Princess1234
    I am so sorry for your loss, and for the events that followed. Shame on that nurse.
  8. by   Saiderap
    Even taking a picture of a patient just to be freindly or just to share with their family or facility can be frowned on by HIPAA.
  9. by   BostonTerrierLoverRN
    Was just going to post, Friday was court for the nurse who used my niece's SSN to claim as an independent. She plead "No Contest" and entered into a Pretrial Diversion Program in her state where she agreed 3 years of attendence. It will basically be a cake walk with minimal Community Service, Random Drug Screens as indicated, and the rest kind of mimics probation. If she completes the program with her state satisfactory approval- she will maintain a clean record.

    I have NO CLUE what her State Board of Nursing will do (Doubtful if anything since there will be NO charge?

    Part of her agreement was a letter of apology (which she wrote to the IRS- not my Sister-in-Law), and the rest is history.

    My sister-in-law of course has forgiven her, and urged us to do the same, I just understand as a Nurse- we should hold ourselves to a HIGHER standard
  10. by   jadelpn
    Hugs to you, BTLRN, as what a horrible thing for your family to go through!! Just awful.

    I just don't know what ails people, and for those who call themselves nurses to participate in the most sociopathic and horrendous behaviors is beyond sickening.

    It makes me teary to think that innocent children who fight so hard to survive, and then the ones who pass on from our lives have "caregivers" (<----Uhm, NOT) who would behave in such fashions.

    With all that being said, and to the OP-- should anyone EVER tell me that they "don't know what to do" blah, blah, blah.....REALLY, you don't KNOW what to DO???????? I would find it prudent to report the lot of them (as mandated reporters we are bound to do this) simply because we were informed of information that one of our co-workers, etc ADMITTED to having a picture of a patient. AND a minor. AND she opened it with the title of "delete this after opening" from a co-worker--UHM, no thanks------my phone would go to the privacy officer, having them open it and do what they will with the contents. Do you think that so and so is going to admit to sending anything? But the receiver is left with the picture.
    Who are these people???? We even have very strict rules about using our personal phones, computers etc for any work related ANYTHING. And seemingly, you are in some sort of educational/charge position--YOU know what YOU need to do with this information, and I would NOT leave it to your "friend" to report it----you are bound to do something about the information that you received. Period. End of Story.
    Last edit by jadelpn on Apr 23, '12
  11. by   Meriwhen
    Quote from BostonTerrierLoverRN
    I have NO CLUE what her State Board of Nursing will do (Doubtful if anything since there will be NO charge?
    The BON may surprise you, as that nurse's fraudulent actions speaks volumes about her ethics and practices. You could contact the BON and file a complaint, and see what happens.