HIPAA VIOLATION?

Nurses HIPAA

Published

I work in long term care facility and a co worker posted RIP with the initials of a resident and said they will be missed on their facebook page. Is this a violation of HIPAA?

Specializes in Certified Med/Surg tele, and other stuff.

No, I don't think so. Initials could belong to anyone. If she even left out the LTC name, then definately not.

Does it make a difference in a town of only 3000 people.

Specializes in NICU, Post-partum.
I work in long term care facility and a co worker posted RIP with the initials of a resident and said they will be missed on their facebook page. Is this a violation of HIPAA?

Yes it is. If people know where she works, they only need to go as far as the local obituary to match up the initials and find out who she is.

Very stupid move.

Specializes in Hospital Education Coordinator.

usually when there is doubt the answer is yes, it is a violation. Bad judgment if nothing else.

Specializes in Emergency, Telemetry, Transplant.

First, I would agree this is bad judgement. HIPAA violation? I would say no. Just by saying "J.T. RIP" this does not identify the person. Maybe she had a great aunt named Joan Thomas who just died?

Also, if J.T. had an obit/death notice published in the local paper she is not even identifying breaking the news that the person died--even if someone matches the name up with the decedent. Plus, just initials does not reveal anything about the person's condition, etc. Based on what you describe, I would say no violation.

Specializes in Emergency, Telemetry, Transplant.
Does it make a difference in a town of only 3000 people.

If it was a violation, it does not matter if the town has 3000 people or 300,000.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

Possibly.....she used protected health information and used it outside of the scope of directly caring for the partient and exposed it to the public without permission...NOT good.......she should remove the post and send a card........it would be hard to prove IF it was just initals BUT......it's a close call......not good and not a very good idea.

http://www.hhs.gov/ocr/privacy/

Specializes in Cardiology and ER Nursing.

No it's not. The fact that someone is or was in a hospital or other facility is not protected information. If it was you wouldn't be able to go to the front desk and ask what room so and so is in. Only their diagnosis and plan of care is protected information. Someone's death is a matter of public record.

This is public information. You can read deaths in papers or online. They usually say where a person passed away at. I do not see a legal issue here at all. Now if she stated why or how the patient passed away thats a different asituation all together.

Specializes in Pediatrics, Geriatrics, LTC.

still, hippa or not, not a good idea. keep work off facebook ! If someone at work has something against this person, a move like this could be the 'straw that breaks the camels back"

Specializes in pediatric critical care.
No it's not. The fact that someone is or was in a hospital or other facility is not protected information. If it was you wouldn't be able to go to the front desk and ask what room so and so is in. Only their diagnosis and plan of care is protected information. Someone's death is a matter of public record.

In my hospital it can be, many of our patients are listed as Privacy Patients, and if you don't know the code word, without us prompting you at all, we will act like we've never heard of that patient, and that includes volunteer staff at the desk and the hospital operators.

Last year a coworker posted on Facebook that an angel went to heaven that day, no names, no dates, no initials, absolutely no other info. Well, there was a HUGE uproar by management, and basically they said even if the general public couldn't figure out what it meant, other hospital staff could, meaning other floors who may have sent us that very sick patient may now figure out that they passed, and they no longer have access to that information as they aren't caring for them. It's a sticky situation. The most I will post regarding work is a thank you shout-out to coworkers if we had a crazy night, nothing more. Best to CYA IMO.

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