HIPAA violation or just a bad decision?

Nurses HIPAA

Published

  1. Did the employee violate HIPAA? Should the individual file a complaint

    • 125
      clear cut violation of HIPAA, turn it in!
    • 6
      bad decision, no violation, let it go
    • 1
      no big deal, but submit it anyway
    • 12
      no violation, ethically wrong report to the hospital
    • 0
      forget it happened

144 members have participated

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?

Specializes in retired from healthcare.

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.

Specializes in Adult/Ped Emergency and Trauma.

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

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" (

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.

Specializes in Psych ICU, addictions.
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.

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