HIPPAA violation

[Kshores15]

So simple HIPPAA knowledge. You DO NOT discuss or disclose any information about a patient to another healthcare worker if that patient is not under their direct care. Simple right? So tell me why management is making all the nurses in the facility do a 24 hour communications on patients. I can see what is going on with patients that I am not caring for and/ or patients whom I have not met. This instance would be the same as me going downstairs to another hall and asking information about a patient who I am not caring for. This is bothering me so much that I cannot sleep.

[hppygr8ful, ASN, RN, EMT-I]

I have made it my mission to clarify and get nurses to truly understand what HIPAA is and what the exceptions are. Aside from bully scare tactics from employers terrified of be cited in violation and threats of jail time to any nurse who squeaks about a patient there are several exceptions. The scenario you describe is different than one in which you go into the system and look for information you have no business knowing. What you are describing is one covered entity communicating to another covered entity and this is allowed. Now if you took that information and used it for a non-permissible purpose then you would be in trouble. I believe all nurses should do a big 15 to 30 unit CEU on HIPAA so they truly understand it. In the meantime I am forwarding a link to the exceptions page on the HIPAA website.

5

[Kshores15]

But we're not doing it for law enforcement or anything to do with law enforcement

[kp2016]

But we're not doing it for law enforcement or anything to do with law enforcement

Click on the link and then open some of the tabs such as HIPAA for professionals, this link has a lot of very relevant information.

[psu_213, BSN, RN]

It's a communications tab that can be viewed from everyone in the facility.

"Everyone" as in every nurse in the facility, or "everyone" as in techs, secretaries, volunteers, etc?

If it is the latter, it is almost certainly inappropriate. If it is the former, a case could be made about why it is necessary. Tough to say for certain without knowing the exact physical/staffing setup of the facility.

Either way, I can say that you should be losing sleep over this.

[Have Nurse, ADN, RN]

I see. Well, then, perhaps the best thing to do is to approach management in a professional manner and let them know of your concern.

You really have to scrub your statements of any outrage, though. You are quite agitated about this and it may indeed be a HIPAA violation, but whether it is or isn't - it's not outrageous. It just isn't. A useful rule of thumb is to pick your battles wisely, otherwise there are as many things to be upset about as the day is long - - and your reputation will go down the drain long before you can fix any of them.

"I am concerned that by posting PHI in a medium where those without a 'need to know' can view it, we may be violating HIPAA." It would be best if you could think of at least one alternative to the way things are being done right now. Perhaps offer to work on a digital form that could be filled out and submitted each shift?

Good luck ~

I agree. The only thing that I might ask, is there a HIPAA Compliance Officer at your facility that you might be able to meet with?

[CoffeeRTC, BSN, RN]

Are you in an LTC or Assisted living facility? Are you a supervisor on just your unit or could you be pulled to the other one to pitch in? That is the only reason i can see to have information on all of the patients.

Could it just be a computer issue where alerts need to be turned off ?

[JKL33]

There is also another thread ongoing right now that is more specific to law enforcement disclosures.

[dumbnurse, ASN, BSN, MSN, LPN]

More info please!

[/username, BSN, RN]

I've not seen HIPAA with both two Ps and two As. A+ for creativity, OP!