Hipaa violation?

Technically having the charts where others can see is the violation...not having the DNR label.

Yes, that's what I was just about to say. Charts should not be anywhere where anyone but staff are able to see them.

Where I've worked, pt names are on the outsides of charts, which in and of itself could be a HIPAA violation. But they're kept deep in the nurses' station where pts/families don't go or see.

Yes, that's what I was just about to say. Charts should not be anywhere where anyone but staff are able to see them.

Where I've worked, pt names are on the outsides of charts, which in and of itself could be a HIPAA violation. But they're kept deep in the nurses' station where pts/families don't go or see.

See, I've always thought about this with the patients' names as well. At my hospital and just about every one in the area I've been to, we have white boards on the walls in plain sight with room numbers, patient last name, and the names of the nurse and CNA caring for that patient. Wouldn't that in itself be a HIPAA violation? But state's been to see us and as far as I know we've never been dinged for it. Though they now make us put blank slips of paper over top of patient I&Os that hang on the inside of our doors.

I feel like it's so pick and choose for what they count as a violation.

Doesn't there have to be medical info along with that name for it to be a HIPAA violation? Thats what I have always been told. So technically a name on a chart is not a violation, but having the name on the outside plus the DNR status could be a violation.

I know that we had to remove allergy stickers from the outside of our charts because the patient name was also visible.

Doesn't there have to be medical info along with that name for it to be a HIPAA violation? Thats what I have always been told. So technically a name on a chart is not a violation, but having the name on the outside plus the DNR status could be a violation.

I know that we had to remove allergy stickers from the outside of our charts because the patient name was also visible.

No. Any "Identifying Information" that is displayed can be considered a violation, and names alone are identifying information. Additionally, charts that are in the nurses' stations don't necessarily constitute a violation. This would be considered "incidental exposure" which means that in the course of providing treatment or in billing purposes the chart is needed. Another example of incidental exposure is say a doctor is talking to a nurse at the nurses station about what procedure needs to be done to patient A. Both providers need to be conscious of who is around, but this would not constitute a violation, because it is in the course of providing treatment and in an area where non-essential personnel or visitors should not be. However, if the same conversation was being had in the waiting room or at a restaurant, then yes it would be considered a violation, IF any "identifying information" was used in this conversation.