HIPPAA violation

  1. 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.
  2. Visit Kshores15 profile page

    About Kshores15

    Joined: Aug '18; Posts: 8; Likes: 2

    20 Comments

  3. by   Sour Lemon
    Is it possible that you might be called on to care for, or assist in the care of, those patients? I sometimes get report on patients who are not "mine", but it's probable that I might have some interaction with them at some point.
  4. by   Kshores15
    No they are on a completely different floor. Maybe if they absolutely needed somebody and they were desperate.
  5. by   Kshores15
    The whole point of the communications thing is so the management doesn't have to go through the charts. It's used so they don't have to "waste" time
  6. by   psu_213
    First, I must say, I have never seen it spelled 'HIPPAA.'

    What information is management getting on this so that they don't have to go through charts?
  7. by   JKL33
    Quote from 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?
    Clearly that cannot be (IOW, "is not") correct.

    Whether or not there is any potential unnecessary disclosure in your scenario depends upon what your role is.

    Assuming you are staff nurse, then it depends upon whether you might reasonably be called upon to cross-cover or to assist with the other patients. You say that's not likely, so maybe the information to which you have access in your OP scenario is indeed unnecessary.

    Management doesn't want to go through charts so they are having the nurses post their patient reports in a medium where uninvolved people can see it? What medium? Can you give any more details? What are you expected to post and where are you posting it? And where/how are you viewing other nurses' reports?
  8. by   Kshores15
    It's a communications tab that can be viewed from everyone in the facility. It was originally meant for communicating to everyone when there is a meeting, policy changes, etc. Management is expecting all of the nurses in the facility to document on any changes. For example this is what I see when I look at the tab....(all info is made up).

    2207A Doe, John started had labs drawn and has now started on Bactrim for MRSA to L arm.
    2208B Doe, Jane had negative behaviors this shift; she was being verbally aggressive to her roommate


    Sorry but if I don't work downstairs and there are patients that are not under my direct care, I have no business seeing any past, present, or future health related information for them. Even if there is 'potential' that I may care for them some day in the future.
  9. by   Kshores15
    Yea my phone keeps putting 2 PP every time I type it out :/ sorry
  10. by   JKL33
    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 ~
  11. by   Kshores15
    I agree with you. I just wanted to see other people's opinions and views on the subject.
  12. by   chacha82
    Sounds like a "performs other duties as needed" part of the job description. What is being taken off your plate so you can provide this essential part of patient care? Good luck people!!!
  13. by   rnhopeful82
    I am confused, you all need to put your patients information up, but are you required to open the tab on the patients that aren't yours? You have the access, but you don't need to view it, correct? Are you upset that some people may violate HIPAA by looking at other people's patients? Or am I missing something else.
  14. by   hppygr8ful
    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.

    55-When does the Privacy Rule allow covered entities to disclose information to law enforcement | HHS.gov

    Hppy

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