HIPPA violation if the patient isn't in your facility?

Nurses HIPAA

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The situation: A nurse knows a friend is pregnant and outs the pregnancy on Facebook. The patient goes to a different hospital and doesn't receive care in the same facility the nurse works in. The information was obtained through the patient themselves but was expecting the nurse to keep the information private. is I still a violation of medical information/HIPPA violation if the patient doesn't recover care in the same facility the nurse works at?

Well for me I would t care if she took care of me just because we are friends so telling someone else that matters to me wouldn't be the truth. The truth is she's already blabbed personal medical information on social media and I don't want her to get any more information she can spread. I mean that's the real reason. Maybe the first situation is a wash because I wasn't at her clinic at that point in time but I certainly don't want her getting access to any other information of mine. If she had loose lips they should know.

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I think that is why I haven't said anything to anyone other than I don't want her to be part of my care. My husband and I just got married because I became pregnant son it was already a sensitive situation. We had announced our marriage on social media and she hijacked it and told everyone we were also pregnant. I am AMA as it is and wanted to have all testing done and make it to 12 weeks before announcing. Like I said, she never really liked me and I think she saw an opportunity to create some embarrassment and did it. I think she felt she could get away with it. And technically since it's not a HIPAA violation I guess she can. But unofficially I can also tell the office manager and make her look bad like she did to us.

It actually sounds like you're embarrassed about your own behavior and trying to deflect. You can't hide a pregnancy forever ...and if your friends and family see reason to "talk" now, they would have done the math and been talking anyway. So do whatever you'd like about your friend, but it's not going to magically make the wedding come before the pregnancy.

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Seems like retailiation might be a tricky business and you run a pretty good risk of looking like the person with the problem.

Fair or not.

You might be best off cutting all contact and moving on with your life in a positive manner.

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No, I'm a pretty honest person. I will straight tell you what bothers me. My husband was going to call his side of the family individually to tell them about the baby. And I have a right, like every other pregnant lady to announce my pregnancy when I want to after I'm 3 mo along which is very common. Only she and her husband, my parents, and my husbands brother knew about the pregnancy. At 6 weeks I obviously wasn't showing and could have even had a miscarriage. It just wasn't her place. I'm sure everyone would have done the math at some point but that doesn't justify spreading medical information on social media. What if some testing I have turns out bad. Does she have the right to blab that too because eventually everyone will find out when the baby is born?

In any case I've already been made to feel awkward around my husbands family I really don't want to feel even more awkward at every OB appointment so I am debating keeping it to myself specifically for that reason. So thingscarentvharder in my husband if the staff decided we are petty for saying anything. It's too bad she's in the position she's in.

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Specializes in Critical care, Trauma.

OP, ... I mean this with all due respect.

I think that what the people above are kindly trying to say is this... if you share your concerns with your ex-friend's boss, your goal would be to change the boss's opinion of your ex-friend. In reality it is more likely that it will just change the boss's (limited) opinion of you for bringing her the information. It will be seen as unnecessary drama -- the same as if you'd said the woman had an affair with your husband. That would not be the quality we'd like to necessarily have in the people around us, but it's not illegal or even something for which her employer could punish her.

It's "not nice" to share secrets but it's not illegal. It IS illegal to share medical information learned through the confines of a medical information. The fact that a person that does the former does not necessarily mean they'll do the latter. Maybe she does, maybe she doesn't but your saying what you want to say is going to make no change other than to potentially let you release some anger....which is why it will be perceived as dramatic.

I can empathize that there are some things we don't want shared. I just don't think you're going to get the payout you're expecting with this intended path.

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Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.

Look, I think you are missing the point: you are taking something personal into professional space, and inappropriately. I totally understand not wanting to be outed. I just had my first baby at the age of 45, just back in July, and I waited until I was 20 weeks to make it "Facebook official" even though I had "normal" results with my noninvasive prenatal testing at 12 weeks. I had two previous losses in that past two years, which made me more paranoid/cautious. I totally sympathize, I truly do. But telling her employer about a personal issue is pure spite. You have more important things to worry about!

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True. This is the reason I never said more. I just want to enjoy my pregnancy and not feel more anxiety than I already do at OB appointments. There is a god chance I could come off looking like a petty *******. I really hope if there are any complications or issues she doesn't get or spread that information. At my age there are no guarantees, I'm condidered an "elderly" pregnant woman. Although getting pregnant before marriage is not the neatest thing I ever saw, I've been divorced and already have older kids so I'm not virginal and protecting an innocent reputation. I just feel it was a cheap shot and she's was getting close to the line of HIPAA without crossing it. I guess until I found out she's done anything more I need to drop it and move on. I guess I feel like she got away with something. My husbands mother was really embarrassed and his dad didn't even know (parents are divorced). It was low.

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This is very much true. And I think deep down I know this. There is no good way to retaliate against this violation of privacy. I just hope if any complications come up she doesn't repeat it to family or friends. At my age I don't take anything for granted and I really hate that she can access my information after what she did.

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There is an old saying - The only way 3 people can keep a secret is if two of them are dead. You have every reason to keep news of a pregnancy private, but as soon as you told your former friend, you waived that right. You have no control over what others choose to do with the information you choose to share.

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But unofficially I can also tell the office manager and make her look bad like she did to us.

And here in your own words is your real motivation. You want your pound of flesh and you're willing to try to ruin her professionally to get it. How charming. Frankly, if I was her office manager and you brought this drama to me I would invite you to find yourself another clinic to get your care. Nobody has time for this. Don't get me wrong, what she did was reprehensible but your behavior isn't exactly exemplary. I'm sure you've heard the old adage "two wrongs don't make a right". There's a lot of wisdom in those words. If you carry on as you seem hell-bent to do I'm afraid it might not end well for you. Best wishes for a healthy baby.

Ahhhhh: I see you are reconsidering. I think that's a very smart move.

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Specializes in OR, Nursing Professional Development.
and she's was getting close to the line of HIPAA without crossing it. I guess until I found out she's done anything more I need to drop it and move on. I guess I feel like she got away with something. My husbands mother was really embarrassed and his dad didn't even know (parents are divorced). It was low.

No, she didn't come anywhere near the line of HIPAA. Again, unless she obtained the information by providing your care or by accessing record, HIPAA isn't even within the same universe here. It was a crappy move by a crappy friend, and nothing more. If she were not employed in health care, would HIPAA even enter your mind? It shouldn't, and it shouldn't just because she happens to be employed in health care when the info wasn't gotten through her job. Just remember: once something is out in the world, no matter how much you trust the person, it can and likely will spread.

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Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.

How old are you, if you don't mind sharing? I know pregnancy is scary when we start getting labeled as "advanced maternal age," "elderly pregnancy," or my favorite - "geriatric pregnancy." Haha. I could only laugh! Please ignore the statistics and focus on being a healthy mama, that's all you can do. When I was 5 weeks pregnant and had lower right abdominal pain, I went to a local ER. My hCG was high but the ultrasound only showed a tiny sac. The ER doc tried to keep it real, you know - "At your age, these don't usually work out, it doesn't look good." But hey, I just needed one good egg! My "doesn't look good" is almost 6 month old, and wonderful! I wish you the best. :)

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