HIPAA violation

[joe007]

Is it a HIPAA violation to give report with no identifying factors on another pt. in another room in the room of a pt. with dementia?

[gassy2be]

I can't believe this is even a question. Yes.

[inchii]

Yes, as it still violates privacy.

[MunoRN, RN]

That's actually not necessarily a HIPAA violation. HIPAA acknowledges that incidental exposures occur and that avoiding them are not always practical, although they should be avoided whenever reasonable. If for instance, you are going on break and need to update the covering nurse about your patients and the nurse can't leave another patients room at that time then that is not a HIPAA violation.

[nurseprnRN, BSN, RN]

No, of course not. HIPAA makes for some strange voices in people's heads-- it's the only explanation I can think of.

Muno has the right answer. I encourage you to go to the OCR.gov website and read up, or hit that little magnifying glass at the top of the page here and search for the thread that answers all your HIPAA questions.

[Jolie, BSN]

Yes, as it still violates privacy.

How does it "violate privacy"?

[nurseprnRN, BSN, RN]

Ummm, it doesn't.

[canigraduate]

HIPAA is more about disclosing identifying information than disclosing nonspecific information.

If you say something like,"Room three has COPD, DM type 2, and a 22 in the left AC," that's perfectly fine.

If you use identifying information like names, DOBs, etc, that's bad. For example, DON'T say "Mrs. Robinson, a 53 year old patient of Dr. Doolittle..." in the hearing of anyone who is not involved in her case.

[BuckyBadgerRN, ASN, RN]

The key is "NO IDENTIFYING FACTORS". The dementia doesn't even need to come into play.

OP, what were you taught in nursing school or when you did your mandatory training upon hire? At least HIPAA was "spelled" right!!!

[Whispera, MSN, RN]

Consider if you think it would be a violation if you did it in front of a patient who doesn't have dementia. The answer is the same...

[No Stars In My Eyes]

Is it a HIPAA violation to give report with no identifying factors on another pt. in another room in the room of a pt. with dementia?

This is like the old "if a tree falls in the forest and there is nobody there to hear, does it still make a sound?"

It also 'sounds' like someone perching on a branch like a vulture, just waiting to report a violation.

Now, don't get in a wad; I know how serious HIPAA is, and I know speaking without thinking can trip a person up in a big way. But honestly, if the dementia patient doesn't even have one bean to keep track of and count......as long as you aren't broadcasting private, identifying information , who is being violated?

Just the same, you probably shouldn't get into the habit of making a report on one patient in front of another patient, regardless. Bad habits are hard to break.

[canigraduate]

This is like the old "if a tree falls in the forest and there is nobody there to hear, does it still make a sound?"

It also 'sounds' like someone perching on a branch like a vulture, just waiting to report a violation.

Now, don't get in a wad; I know how serious HIPAA is, and I know speaking without thinking can trip a person up in a big way. But honestly, if the dementia patient doesn't even have one bean to keep track of and count......as long as you aren't broadcasting private, identifying information , who is being violated?

Just the same, you probably shouldn't get into the habit of making a report on one patient in front of another patient, regardless. Bad habits are hard to break.

According to the law, disclosing protected information in front of anyone who does not have a need to know for treatment or billing purposes is a violation, unless you have the express consent of the patient. Whether or not the person receiving said disclosure understands or can repeat the information is irrelevant.