HIPAA Violation? I don't think this is a violation

Published

So we had one of our doctors call back into our facility(prison) saying he wouldn't be in for two weeks because he had a covid exposure at his office ..I took the call and let the other nurse know the situation..the pharmacist was also present in our office and wondered if the Dr was exposed before he had been at our facility the day before...the other suggested calling the Dr to ask him so the pharmacist phoned the Dr and the Dr let us know his exposure was after he went back to his office at his practice.  Now the NA and the Dep are trying to say HIPAA was violated because I let staff know of the doctors call and the pharmacist called the Dr to ask him.....there were no patient names mentioned and it had nothing to do with any of our mutual patients...I don't think this is a violation..I am very conscientious about privacy and would never have said anything if I'd thought I was in violation of it.     Any thoughts???

1
Up Vote Up Vote ×

This doesn't have anything to do with HIPAA whatsoever. Because it has nothing to do with a patient or anyone that any of you treated. There is no "patient" and there is no "PHI" [Protected Health Information] involved. Period.

I don't know what a "Dep" is in this context (deputy?) but I suggest you completely ignore people who don't know what they're talking about and are not your superiors.

If anyone important (an actual superior of yours) mentions this incorrect train of thought to you, I would take a "professionally assertive" stance (good posture, good eye contact, normal/calm/serious vocal tone) and say "This is inappropriate. This scenario does not involve a patient and it does not involve any 'PHI' and has nothing to do with HIPAA."

Don't talk too much. Deliver your information and be serious about it.

8
Up Vote Up Vote ×
Specializes in Physiology, CM, consulting, nsg edu, LNC, COB.

I used to carry a print out of what HIPAA is and isn’t. Suggest you go to www.ocr.gov and get this info (it’s short, sweet, and in clear language) and share it around. HIPAA deniers come in two flavors: people who heard it had something to do with medical privacy but don’t know anything else so they generalize to anything vaguely health-related, and people who forgot their training or are too lazy to look it up in the P&P book on the shelf. Both will benefit by a refresher.

3
Up Vote Up Vote ×

Also, HIPAA in a correctional environment has some different standards.  Not that it applies to this situation, because it doesn't. 

3
Up Vote Up Vote ×

Chicken lady are you meaning this isn't a HIPAA issue??

Hannah banana...not sure what you mean by HIPAA deniers??? I'm very careful about privacy even in prison

1
Up Vote Up Vote ×
Specializes in Physiology, CM, consulting, nsg edu, LNC, COB.
On 11/18/2020 at 6:37 PM, OneRN50 said:

Chicken lady are you meaning this isn't a HIPAA issue??

Hannah banana...not sure what you mean by HIPAA deniers??? I'm very careful about privacy even in prison

I meant people who deny access to information "because of HIPAA," in ignorance or willful obstruction. Thanks, should have made that clearer.

1
Up Vote Up Vote ×
+ Join the Discussion