HIPAA in NYS Prison

[OneRN50]

I work in NYSDOCCS and am always stressing over privacy issues.  I've read a million things about HIPAA but the Internet gives mixed messages.  I've also been told it's different in prison because we are made to have a guard present while conducting medical treatment...but I know I've make numerous errors concerning privacy by talking to inmates too deeply in the presence of other inmates and officers... I made my supervisor aware but I always worry that I should self report further and I hate that stressful feeling...has anyone had experience in this. I'd appreciate feedback because this situation gives me so much anxiety I can barely function 

[JKL33]

I say this as an encouragement, not criticism:

While at times there are specifics that can be confusing or guidance that appears contradictory, HIPAA can usually be boiled down so that it's pretty simple day to day. The gist of it is to keep patients'/clients'/inmates' information generally private, take steps to make sure that disclosures of their information are necessary and appropriate. Sometimes disclosures must be made in order to facilitate the processes that enable patient care (easy example - hospital will communicate with insurance company about what care was provided, in order to receive payment for that care).

There are sometimes incidental disclosures and situations that cannot be entirely eliminated due to the burden it would cause. For example, how would any ED ever care for 100+ patients in a safe and expeditious manner if it were illegal for anyone to ever overhear anything? Not realistically possible with our current structures and institutions. So we do the best we can, we follow the rules and the spirit of the law as well as feasibly possible. That doesn't mean that no one's name can be called in a waiting room or that no patient can ever have a roommate or be in a chair next to someone else receiving care. 

I imagine you can picture what I'm saying as it applies to your setting. You shouldn't be randomly discussing an inmate's health information  with someone who has no legitimate reason to be discussing it (which is a key principle), but you might sometimes have to get information from an inmate in a situation that doesn't allow for complete privacy (due to other regulations, policies and practices that apply to your area), for example.

I am sorry this is causing you distress. Your heart is in the right place but this really shouldn't be that stressful.  If you want to give more examples to talk through or ask questions feel free...

 

[OneRN50]

Thank you I appreciate your feedback..I'm finally managing to not let everything get to me. I will run my practice as honestly as I can and move forward