HIPAA violation or not..?

scribblerpnp · Oct 16, 2006

kinds of harsh isn't it? it depends upon what type of student she is (lvn, rn or what) and what year of school she is in. i can't see her knowingly violating these regulations. it's the responsibility of the instructor to provide orientation before coming on the hospital floor and it is the instructor who is responsible for everything she does. there is some information missing but she definitely made a mistake. she is a student though and the hospital should show some leniency.

what type of student she is doesn't matter, how many years she is in the program doesn't matter. the instructor is responsibe for what the student does, but not completely and not for everything. if a student violates college or hospital policy and the instructor is unaware- and in this case i'll go on a limb and say the instructor wasn't aware, that student is on his/her own.

i've yet to see a hospilat/clinical orientation that doesn't address hippa. before any of my students are allowed to attend clinical, they must sign a hippa statement. and i would bet that that is standard anywhere.

as for the above poster's questios: where i've worked (peds floor) there was a list of whom we can talk to and to whom we can provide information- even to how much info we can provide. and when you start talking about psychiatric facilities, the lists are even more important and more detailed.

locolorenzo22, BSN, RN · Oct 16, 2006

HIPPA covers so many aspects in many details, it's tough to say. Working in a MI home, we have certain aspects during family careplans we do not go over, because of the embarassing nature of the goal(be free of s/s of STDs for next 3 months, etc.)

Regardless, I find it appalling that the student called her friend to divluge privledged information. Maybe the dad was planning to tell them, maybe they didn't want anyone to know, maybe they'd had a falling out, etc....

She should be kicked out, regardless. Most pre-clinical orientations state a HIPPA part to them. Ours says we are not allowed to obtain any identifying info except for resident initials....and the rights of the patients come first. Geez....some folks like to think their being helpful. If you have to share, why not wait until you're off the floor? I hope they get rid of her, period. Good lesson to learn.

Lisa CCU RN, RN · Oct 16, 2006

I think kicking her out is a bit harsh. :nono:

kukukajoo, LPN · Oct 16, 2006

I would say ignorance of the law would be an excuse if they hadn't covered it or covered it accurately enough prior to clinicals. But I can gurantee she will NEVER make that mistake again and neither will anyone in her class for that matter.

WDWpixieRN, RN · Oct 16, 2006

We saw videos, and were talked to about HIPAA before we ever set foot in the hospital....and anyone who's seen a dr. in the past 3 or 4 years, or whatever, HAS to have been given one of the endless supply of HIPAA notifications that has helped deplete a forest somewhere!!

We were clearly told that if we did anything to violate these laws OR take any printed info out of the hospital w/pt info on it, we would be OUT, period.

This is really a very sad situation....

slou! · Oct 16, 2006

Actually, I'm going to answer part of my own question. I got just my School of Nursing Undergraduate Handbook today and I was browsing through it and I found a paragraph on HIPAA. We are required to read it and sign it, and although I have not taken any nursing classes yet, just pre-reqs, I'm sure I will learn much much more about it, like in Nursing 101, which I take next semester.

I still have one question though.. I don't understand how if you go to a hospital, and there are visitors there, doctors and nurses are allowed to go up to them and explain the patient's status and health problems. Wouldn't that be a violation? Thanks!

allthingsbright · Oct 16, 2006

There is a huge ordeal in my clinical group. I have managed to stay out of it (thankfully I wasn't there when it happened and haven't been forced into getting involved), but was wondering what you guys thought about this.
The week before last in clinical, one of the students went to the nurses desk, called a friend, and told them that their step-mother was in the hospital with pneumonia and it looked pretty bad. The student did this in front of 2 students, a nurse (or more?), a doctor, and the unit secretary.
She was turned in for violating HIPAA and was told by the hospital that she was not welcome back. Our clinical instructor told her to go home. She was later notified by the department that she had been dropped from the program.
She appealed, of course, and continued to attend class.
Her clinical review was last Thursday and this morning she was in class for our test... so I guess she is still in..
what are your thoughts on this?

Um, yeah! This is definitely a huge problem and she would have been tossed out on her booty from our program. As far as it not being covered? I HUGELY doubt that. We have had to sign our lives away over confidentiality and HIPPA before even setting foot in the hospital.

Actually, I have seen people get kicked out for less...This is a huge liability for the hospital and could cost them thousands of dollars, could cost your school their clinical placements with them, etc.

Continue to stay out of it--and don't ever do anything like it yourself! You want to :mortarboard: , right????

GL! :)

allthingsbright · Oct 16, 2006

as they say in court - Ignorance of the law is no excuse.

:yeahthat:

Marie_LPN, RN, LPN, RN · Oct 16, 2006

The week before last in clinical, one of the students went to the nurses desk, called a friend, and told them that their step-mother was in the hospital with pneumonia and it looked pretty bad. The student did this in front of 2 students, a nurse (or more?), a doctor, and the unit secretary.
She was turned in for violating HIPAA and was told by the hospital that she was not welcome back. Our clinical instructor told her to go home. She was later notified by the department that she had been dropped from the program.
She appealed, of course, and continued to attend class.
Her clinical review was last Thursday and this morning she was in class for our test... so I guess she is still in..
what are your thoughts on this?

Doesn't mean she's welcome back for the clinical site though.

And hopefully she won't be, either.

Our rules in school were very clear and to the point about things like this. If your school's rules are as well, then, sorry, i don't think it's harsh.

traumaQN · Oct 17, 2006

This is our first semester in the RN program.

Our first theory test covered HIPAA and we took it before we even started clinicals.

We were also required to watch a video and go through hospital orientation at 2 different hospitals and sign agreements that we understood what HIPAA was.

So, she was fully aware... we had 3 days of HIPAA.. plus she used to be some kind of nurse in the Navy..

HeartsOpenWide, RN · Oct 17, 2006

This is one of the clearest examples of a HIPAA violation I've seen yet. Health care workers are NOT to release privileged medical information to anyone other than the patient, without the patient's direct (written) consent. Unless she can document that the stepmother asked her to do that, I think she is up the HIPAA creek without a paddle. It is not the nursing student's job to communicate medical information to the family about a patient. It's pretty clear what HIPAA requires. I don't see why she would still be in the program.

:yeahthat:

and to do it so blatantly in front of people. :nono:

traumaQN · Oct 17, 2006

And to use the phone at the nurses station.. I wouldn't dare touch that phone..