Is there a legal way to do this...

Nurses HIPAA

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Ruby Vee, BSN

17 Articles; 14,030 Posts

Specializes in CCU, SICU, CVSICU, Precepting & Teaching.
A public rape and murder of a 4 year old.. and you give a rat's patooty about HIPAA?

An example of how all good little nurses have been brainwashed in the allmighty name of HIPPA.

I think HIPAA is a bunch of nonsense, but we did it to ourselves. We used to give information to anyone and everyone who asked for it including, sometimes, reporters posing as family members. I think requiring every patient to assign a password -- those who have the password get information, those who don't, don't -- makes more sense. But we have HIPAA, and we're stuck with it. So yes, I absolutely would be concerned about whether turning in this dirtbag endangers my license or my livilhood.

Ruas61, BSN, RN

1,368 Posts

Specializes in MDS/ UR.

Just use them critical thinking skills..........

Esme12, ASN, BSN, RN

1 Article; 20,908 Posts

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

This morning I am going to break my own rule and not read the thread. The is a legal exception to HIPAA.

To identify or apprehend an individual who has admitted participation in a violent crime that the covered entity reasonably believes may have caused serious physical harm to a victim, provided that the admission was not made in the course of or based on the individual’s request for therapy, counseling, or treatment related to the propensity to commit this type of violent act (45 CFR 164.512(j)(1)(ii)(A), (j)(2)-(3)).

If this guy had all the identities of the accused you are a mandated reporter.

Disclosures for Law Enforcement Purposes

Specializes in Pediatrics, Emergency, Trauma.
Just use them critical thinking skills..........

I wish I could like this more.

RNlove17

168 Posts

I would make the call. I believe a child rapist and murderer is imminent danger to everyone around him, especially children in the hospital. I believe there are exemptions to HIPAA law, it's not an all or nothing thing. I don't see why you'd even have to give your name. Anyone at the hospital could make that call; patient or visitor, because they recognize the guy from the TV screen.

Heck, if you're worried call up a family member or friend and have them come in. They can see the guys face and call the police that the guy looks like the guy who's wanted.

RNlove17

168 Posts

I guess my question for all the people who would tip the police, myself included, is what crime would you NOT make the call to the police. Child rape is pretty emotionally charged, but what if one of the Enron CEOs was a fugitive in your ED? A person who assaulted a minority in a hate crime? It's worth a think.

If the police have their face up on the screen soliciting the public for help, i'm probably going to call if I see that face.

Ruas61, BSN, RN

1,368 Posts

Specializes in MDS/ UR.
If the police have their face up on the screen soliciting the public for help, i'm probably going to call if I see that face.

Bingo!

nurseprnRN, BSN, RN

1 Article; 5,115 Posts

If the police have their face up on the screen soliciting the public for help, i'm probably going to call if I see that face.

And the HIPAA law is on your side if you do. :)

:flwrhrts:

ComeTogether, LPN

1 Article; 2,178 Posts

Specializes in Transitional Nursing.

I would have called before I batted an eye-lash. Career be damned.

withasmilelpn

582 Posts

Specializes in Rehab, LTC, Peds, Hospice.

Your security team needs some education on HIPAA - no PHI is being disclosed, and falls within our duties as healthcare workers as both Esme12 and GrnTea have pointed out. Highly recommend printing their links out and providing copies to administration and security. It is not unusual that HIPAA policies, labor laws, Medicare laws get misinterpreted at facilities. There are a lot of laws that need to be complied with, they are complex and widespread confusion is common. Glad he was apprehended.

I know this is an older topic, but does anyone know of cases where a HIPAA violation was used to get a ruling thrown out or overturned? I hear about cases get won/lost/not heard in court due to technicalities - the accused wasn't weren't read their Miranda rights, they were arrested on false grounds, the police didn't have a warrant, etc. I've tried to look up a precedent, but can't seem to find a solid case. I'm worried that I'll be in this situation, do what I think is right to report someone, and then they walk free because I didn't report it in a legal way.

Specializes in SICU, trauma, neuro.
I know this is an older topic, but does anyone know of cases where a HIPAA violation was used to get a ruling thrown out or overturned? I hear about cases get won/lost/not heard in court due to technicalities - the accused wasn't weren't read their Miranda rights, they were arrested on false grounds, the police didn't have a warrant, etc. I've tried to look up a precedent, but can't seem to find a solid case. I'm worried that I'll be in this situation, do what I think is right to report someone, and then they walk free because I didn't report it in a legal way.

Well like someone pointed out, it's not a HIPAA vio to report him. So don't see how he'd get off for that reason. But to answer your question, I've never heard of that one way or another

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