HIPAA VIOLATION?

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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 NICU, Post-partum.
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.

Oh, normally, I would agree with you...but there are several things you are not considering.

1. The nurse probably has her employmnet on her Facebook account and the fact she is a registered nurse.

2. Yes, she IS COMMENTING on patient condition. The fact that she knew the patient died at all is NOT information that she obtained by any other form of communication other than her direct employment with the facility....that makes it a HIPAA violation.

3. She is NOT the spokesperson for the family, therefore, she had no right to announce anything or even comment on it. I would wager they not only did not authorize it, but would be horrified by it.

4. Just because you use the patient's initials and not the patient's name doesn't mean you did not give enough information to identify them...b/c I would wager I could easily find out who her patient was if I new the nurse in question and where she worked just by looking up the obituaries.

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I guess my only question is, why would you want to post something like this on FB?! The departed can't read it, and you sure wouldn't want his survivors (or others) to do so. So why?!

I don't get it. This FB stuff has gone much to far. Hmm... people, get a life.

DeLana

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Specializes in Emergency, Telemetry, Transplant.
Oh, normally, I would agree with you...but there are several things you are not considering.

1. The nurse probably has her employmnet on her Facebook account and the fact she is a registered nurse.

2. Yes, she IS COMMENTING on patient condition. The fact that she knew the patient died at all is NOT information that she obtained by any other form of communication other than her direct employment with the facility....that makes it a HIPAA violation.

3. She is NOT the spokesperson for the family, therefore, she had no right to announce anything or even comment on it. I would wager they not only did not authorize it, but would be horrified by it.

4. Just because you use the patient's initials and not the patient's name doesn't mean you did not give enough information to identify them...b/c I would wager I could easily find out who her patient was if I new the nurse in question and where she worked just by looking up the obituaries.

1. I do not and never would post that I am an RN or where I work on my facebook page.

2. So if I post the initials of a friend, aquaintance, etc. on FB, is it a violation if I had a pt with the same initials? Also, what if the obit of my pt appeared before my RIP message?

3. I think saying 'horrified' is a bit much (particularly if the staff member is close to the deceased).

4. I separate work and FB...however, if a nurse I knew said RIP (initials) I would not assume that those initials must stand for the initials of someone he/she cared for (even if I saw a name in the obits for someone at his/her facility with the same initials)

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i don't think it's a violation. she was smart enough to use initials and not names. i'm with the person who said,"why post this on FB as the person won't read it," but then again - i guess it was an outlet. maybe she knew it wasn't appropriate to go to the funeral or reach out to te family, or to post the NAME, but just putting something out there made her feel better. i wonder why people put stickers on the back of their cars that say, "Rip pappaw john" as i think it looks absurd, but whatever.

i'm interested in knowing why the OP is asking?

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Specializes in NICU, Post-partum.
i don't think it's a violation. she was smart enough to use initials and not names.

...if you think that initials alone protects you with regards to HIPAA, you are 190% incorrect.

And so is everyone else that thinks so.

HIPAA says NOTHING about using names vs initials...the rule is "enough information to identify the patient".

Period.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
If a death certificate (if an obit hasn't been/won't be published) can be obtained by any member of the public at the time the posting was made, then it's bad form/no violation.

I suggest you read this post........

https://allnurses.com/general-nursing-discussion/facebook-almost-cost-563537.html

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Specializes in NICU, Post-partum.
If a death certificate (if an obit hasn't been/won't be published) can be obtained by any member of the public at the time the posting was made, then it's bad form/no violation.

Then I would probably suggest you verify that before you post on Facebook.

Because if someone in the family reports it to your employer because it is public knowledge...trust me, you will not only lose your job, you can get sued for a HIPAA violation and that is a reportable offense to the BON.

Not worth it folks!

The trials and happenings of our patients are NOBODY'S business once we leave that facility. Period! I have no idea of why some nurses and other heathcare workers are so desparate to publish everything about their life that they cannot control themselves on social networking sites.

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thank you. gracious reply!

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