is this a HIPAA violation

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I currently work in a hospital on night shift. I have a coworker who was fired for a HIPPA violation. I don't know that I think it was justified and I'm curious if it was a true HIPPA violation. Earlier in the day the patient was in the room with a family member. The doctor and day shift RN both obtained verbal consent from the patient to discuss the patients medical treatments. On night shift the patient was in the room with the family member and the night shift RN came in to the room. The PATIENT asked the NURSE the results of a test taken. The nurse answered the patient and the patient reported this as a HIPPA violation. The family member was in the room but I was under the impression since the patient asked the nurse with the mother in the room this was implied or inferred consent. What are your thoughts?

The patient ASKED the nurse to TELL him or her the results of a test. Any reasonable person would recognize that since the visitor at his/her bedside wasn't DEAF, the visitor would hear the answer as well. If the patient did NOT want the visitor to hear, he/she shouldn't have REQUESTED it!

Patient's consent for the information to be spoken was implied by the very asking for it in front of said visitor. Obviously the patient did not expect the answer to be written on a notepad and stuck in front of his/her face; he/she expected to HEAR words.

Patient asked a question, nurse provided appropriate answer. End of story.

People can be utterly ridiculous.

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Specializes in Short Term/Skilled.

If it were me, I'd ask the family to step out while the pt and I talked. If the patient chimes in, "No, it's ok, they can stay" then I'm covered.

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Specializes in CVOR, CVICU/CTICU, CCRN-CMC-CSC.
When are people going to learn how to spell that right??

Ummm, HIPPA . . . no.

Hmm. HIPA? Nope.

Well... HHIPA? Nah.

Uh . . . HIPPAA? Nuh-uh.

I have seen so many variations it's actually kind of entertaining!

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Maybe we should change HIPAA (honestly right now I don't even know if that is right.....HIPPA?...sorry I woke up tired and grumpy, nightmare about work) to "lose lips sink ships" that is easy to remember, easy to spell, and easy to understand.

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Specializes in Management, Med/Surg, Clinical Trainer.
The patient ASKED the nurse to TELL him or her the results of a test. Any reasonable person would recognize that since the visitor at his/her bedside wasn't DEAF, the visitor would hear the answer as well. If the patient did NOT want the visitor to hear, he/she shouldn't have REQUESTED it!

Patient's consent for the information to be spoken was implied by the very asking for it in front of said visitor. Obviously the patient did not expect the answer to be written on a notepad and stuck in front of his/her face; he/she expected to HEAR words.

Patient asked a question, nurse provided appropriate answer. End of story.

People can be utterly ridiculous.

Totally agree. I am not sure what all of the fuss is about. Seriously, what if the person was in a double room and asked for results? Is the expectation to wheel the patient into another room, or remove the roommate so they cannot hear?

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