When does HIPPA no longer apply?

Nurses HIPAA

Published

Specializes in CCRN.

To make things simple, this patient was in for GSW's. Threatened to shoot me, my mother, knock me out, and what not. Has been assaulting and threatening staff. Took a pic of me and placed guns to my head and knives in my chest and posted it on Instagram with threatening captions.

We ended up calling security, the police, notified the PCC, my manager and director. My whole floor knows as well. I got a copy of the police report and asked if it'd violate HIPPA if I were to show this to people I know. I was told that it would violate HIPPA because the patient's name is on it. However, I don't see how this could possibly be a violation of HIPPA given that they were death threats. I decided to not press charges if all photos were deleted and the police checked three times. However should I have pressed charges, then it would have been terroristic threats.

What do ya'll think?

Up Vote Up Vote ×

I probably wouldn't have asked the question and would've used the report strictly as needed for legal and/or safety measures.

So - no charges are going to be entered against this individual who assaulted HCWs?

Up Vote Up Vote ×
Specializes in CCRN.

I didn't press any charges, but it's a short leash now.

Up Vote Up Vote ×
Specializes in Emergency, Telemetry, Transplant.
I didn't press any charges, but it's a short leash now.

I really am sorry for what you went through, but is it even your call to decide not to press charges?

Up Vote Up Vote ×

As a former cop with the NYPD I think people who call the cops, make me do paperwork and then refuse to press charges are the literal bane of my existence.

And commonly after dropping charges ended up the victim of the crime they were reporting in the first place such as threats, sexual assault or domestic violence.

PRESS CHARGES. Period.

Once the charges are filed they are public record. You can discuss that however you want. What you can NOT do is discuss why the patient was in the ER or their treatment within anyone outside of law enforcement as relevant to the case.

Oh and its HIPAA not HIPPA.

Up Vote Up Vote ×
Specializes in Emergency Department.

First of all, given the situation as described, I would have followed through with having the guy arrested and charged with various violations. Let a jury decide if the guy is to be found "not guilty." Every time we let someone like get away without consequence for their actions, we reinforce to them that it's OK to do these behaviors so they'll do it again and again because there's no consequence.

Oh, and it's HIPAA. File charges against the guy and talk about the charges, that's OK. Talk about the care/treatment provided and that's quite likely a HIPAA violation.

Up Vote Up Vote ×
To make things simple, this patient was in for GSW's. Threatened to shoot me, my mother, knock me out, and what not. Has been assaulting and threatening staff. Took a pic of me and placed guns to my head and knives in my chest and posted it on Instagram with threatening captions.

We ended up calling security, the police, notified the PCC, my manager and director. My whole floor knows as well. I got a copy of the police report and asked if it'd violate HIPPA if I were to show this to people I know. I was told that it would violate HIPPA because the patient's name is on it. However, I don't see how this could possibly be a violation of HIPPA given that they were death threats. I decided to not press charges if all photos were deleted and the police checked three times. However should I have pressed charges, then it would have been terroristic threats.

What do ya'll think?

First, it's HIPAA, not HIPPA.

Second, police reports are public information. I can get a copy of a police report on anyone and any incident I want. So it has nothing to do with the death threats, it has to do with the fact it's public info.

You should have pressed charges. That is an extreme response and he would have had a court order to take the pictures down anyway.

Up Vote Up Vote ×
Specializes in CCRN.

All of your responses had to focus on the misspelling on Health Insurance Portability and Accountability Act? Just wow, it's almost smartassby the way it's said.

I felt bad for the kid and figured he's acting out because of what happened. So yeah I didn't press charges.

Up Vote Up Vote ×
Specializes in school nurse.

I felt bad for the kid and figured he's acting out because of what happened. So yeah I didn't press charges.

Sorry, but (at least with the limited details provided) this sounds like prime Grade A enablement.

Up Vote Up Vote ×
Specializes in Complex pedi to LTC/SA & now a manager.

Feeling bad is not a reason to not press charges. Let the lawyers & jury determine motive and actual charges.

Since you felt bad and didn't agree to press charges why would you show anyone the police report? Police reports are not subject to HIPAA as they are public information. Showing the police report to others without pressing charges can be an issue as the question will be if you were so concerned press charges. HIPAA would apply if you revealed how you knew the person and/or revealed why they were in for medical treatment.

HIPAA applies to the medical information for 50 years post death. It is not absolved because you have a police report.

Up Vote Up Vote ×
Specializes in Nephrology, Cardiology, ER, ICU.

I would have pressed charges. I did press charges on a pt that spit in my face and hit me with his fist in my face. When we went to trial, he said he didn't remember the incident because he was so messed up. The judge said that was no excuse and sentenced him to 6 months in jail.

We can't tolerate abuse or threats. We as health care workers go to work to work not to be abused or threatened.

Up Vote Up Vote ×
We can't tolerate abuse or threats. We as health care workers go to work to work not to be abused or threatened.

That's right.

And that's exactly the problem I have *always* had with the nursing profession's teaching that various unsavory patient behaviors can usually or mostly be ascribed to the fact that they are "not having their best day" or they're ill, or they're facing a crisis. There is such a thing as reasonable responses to grief, stress, crisis, etc., that don't represent the patient's usual demeanor (using language one doesn't usually use, being more short-tempered, perhaps "rude," frustrated body language, various forms of grappling/denial, appearing more demanding they normally would, etc.). We should use care to work through the underlying sentiments with these patients.

And then there are responses that are representative mostly of someone's basic character amped up a notch due to the stress. Even people who do things like throw coffee or another object at a nurse - Nope. That is not what Regular Jane/Joe does when faced with stress.

No patient does what is described in the OP because of a singular health crisis but rather because it is some version of their regular MO on a good day. At the same time, whether or not it is their usual behavior is the lesser issue. Assault is assault. Feeling sorry for someone (other than a basic concern for the plights of humanity) does absolutely nothing to help that person or anyone else. It is a dangerous attitude in our profession.

Up Vote Up Vote ×
+ Add a Comment