HIPAA question

allnurses Guide · Dec 12, 2013

If that person was stating something about their family member being hospitalized, all on their own, all voluntary and you mentioned you were that person's nurse but said nothing about that person's medical information, I do not think the law would consider that a HIPAA violation. Others here may feel or know differently. Frankly, it is possible they were fishing for information and you just confirmed something they have no right to know. If they were sick and you said you had been their nurse, that too could be a HIPAA violation, as you had no way of knowing the depth of their knowledge of the illness and whether they knew the person was in the hospital.

However, if that person did not bring it up and you did, you committed a HIPAA violation by mentioning that the patient was undergoing medical care, no matter if you were specific or not, no matter who you did it in front of, no matter that they were family. If you answered any questions or made any commentary at all about that person's medical condition, treatment, mood, feelings, offered an opinion on prognosis (good or bad) or in general made any factual or opinionated commentary about caring for that patient, etc. then you committed a HIPAA violation. If any part of this paragraph is true, I think your judgment is seriously impaired, as this is nursing 101. Heck, not even nursing. Health Care Worker 101.

Don't talk about your patients outside of work. Period.

As far as self reporting goes, I don't know what to say. Others here may tell you what to do. I am baffled, as you just got this job after losing others.

>--stethoscope--o · Dec 13, 2013

I have been mentally torturing myself about it sense. :banghead:

Caroling · Dec 13, 2013

You're no good to anyone if you torture yourself over it, a complete waste of energy .....breathe and just learn from it.

rnrg · Dec 14, 2013

I recently had a phone conversation with s DON of a pediatric facility. I was calling to inquire about open positions. I explained that I have previously card for patients who have been discharged from that facility and the families had spoken highly of their experience. He all but demanded I drop names. He also demanded I drop names of other nurses or directors I know that work there currently. He figured out after giving him my work history who our mutual patient was and spoke her name. I feel like I offended hippa simply by acknowledging I knew who she was. Is that true? Why would this DON entrap me like that? I can't believe I didn't just explain it too close to a hippa violation and I didn't wish to engage. Now the man won't return my calls. ***.

Esme12, ASN, BSN, RN · Dec 19, 2013

moved for best response

nurseprnRN, BSN, RN · Dec 24, 2013

Would telling a patient's family member out side of the work place that you took care of their relative a Hipaa violation in front of one of my family members? Is it a violation to describe something you saw physically or ask about something? Do I need to report myself? I'm so worried!
Listen to that worried little voice. It's a violation to tell the patient's family members, too, unless you had explicit permission from the patient to do so, and even then, I'd never do it outside a work setting because you never know who's listening; including your relative in the conversation is completely uncalled-for. Both actions are very ill-advised and could leave you liable for disclosing PHI to unauthorized persons. I wouldn't go so far as to report myself for it, but I would consider apologizing to the family (both) for having done it, begging forgiveness, and swearing never to do such a thing again. Although at this point the cat is out of the bag, and those cats can run fast.

What on earth got into you? (Although, when I asked my tantruming 13-year-old that once, she swept her hand across her chest in anger and frustration and said, "It's what came out of me.")

KelRN215, BSN, RN · Dec 27, 2013

Would telling a patient's family member out side of the work place that you took care of their relative a Hipaa violation in front of one of my family members? Is it a violation to describe something you saw physically or ask about something? Do I need to report myself? I'm so worried!
It's a violation with or without your family present. Who is this relative? Unless your patient was a minor child and you were speaking to a legal guardian, no relative has the right to know that this person was even hospitalized without his/her permission.
What do you mean by "describing something you saw physically"? You told the relative specific things you observed with your patient? No, you can't do that either.