I have never been in trouble ever with an employer until now. I work Homecare and became really comfortable and said some things I shouldn't have said. A mother of a patient was always talking about everything for 2 hours straight when I arrived at her home. I know her personal life and problems. Well I mentioned another patient I have a baby, vent, trach, g.t, without name or diagnosis but lives in so-so city in another mention of my ride home. This person has gotten a few nurses fired when she gets angry and she is angry with me for mentioning this.
Does anyone know what consequences I should expect when meeting with human resource?
Specializes in Complex pedi to LTC/SA & now a manager.
I have had 100's of babies with trach, vent, g.t...why rare?
Parents talk. Especially infants are very small community. There are dedicated message boards & groups for these parents. With a mom like this assume she knows everyone and talk about no one. There is a chance she knew exactly who you were talking about, is it worth disciplinary action?
You posted you came comfortable. That's your big mistake. This is not your friend it's the parent of your client. Nothing more nothing less. More so since you know she calls to complain and complains about others your best course of action is to assume she's also talking about you
Specializes in Nurse Leader specializing in Labor & Delivery.
It doesn't sound like a hipaa violation to me. There is no identifying information. City is pretty broad, and the treatments you describe are fairly typical for a home care patient.
Actually, any geographic area smaller than a state is considered an identifier. So yes, mentioning the city the patient is in IS a HIPAA violation.
But if the other mom can identify the case, she's identifying it because she knows the case, not because of any identifiable information that the nurse gave.
Say I read an oncology related medical journal. I see that one of the authors of the case study is a physician I frequently work with. I read the case and it all starts to sound extremely familiar, and I realize I took care of this patient and I know who the case study is about. Did the journal cause a HIPAA violation? No. I recognized the case because I knew it. Not because there was enough info for someone that didn't already know the case to say "Ah ha!" Granted, to be written up in a journal permission is usually obtained, but you gave far less information than what is presented in a case study.
Specializes in Nurse Leader specializing in Labor & Delivery.
But if the other mom can identify the case, she's identifying it because she knows the case, not because of any identifiable information that the nurse gave.
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But that's not the point. The OP is being brought into a meeting for a HIPAA violation because of what she said to this parent. And if she disclosed the town of the other patient, then yes, she did violate HIPAA privacy laws.
Specializes in Nurse Leader specializing in Labor & Delivery.
Really? Even alone? So if I say "I've taken care of a patient from Baltimore." that alone is a HIPAA violation. I just violated HIPAA?
Read up on the 18 patient identifiers. There is more involved when you're talking about large metro areas, but I'm on my phone and didn't want to type the whole thing out.
I have had 100's of babies with trach, vent, g.t...why rare?
Those numbers were over a length of time.... That is quite an identifier. It happens all the time . I have a child with sn and a rare condition.....case managers always try to sound experienced by telling me they have worked with another child with the same condition and sometimes share something about their particular presentation ..... I always say oh you mean " bob" or " joe" ...... Because we know of each other ( in a town 300 thousand) The look of " oh crap" on their face is priceless . Don't share.... It is a hippa violation.
I also have found a picture of my son on some guys fb page I don't know posted by a nurse at an Easter seals camp That outed my sons medical dx on a public forum. Not okay..... I don't care if people know his dx and I appreciate what they do so I didn't say anything..... But it's a risky behavior.
Your insurance is the best bet. And if your agency is union, also a conversation with them.
Not legal advice here, but I would use caution if asked to sign anything. Listen to what they have to say, take notes, tell them you will review with your union rep/malpractice insurance carrier, and end the meeting.
Do not get into a "he said/she said/I did" thing. THEY have perhaps believed you were in violation, however, the LAW may say something else. Or it may not, and because someone could identify, you breeched privacy.
All of this means that you COULD mean any number of things, and/or be denied the ability to work in a Medicare funded nursing role. Which is any number of nursing positions.
Going forward I find "as fascinating and interesting as your life may be, I am just not permitted to discuss anything of a personal nature. Those pesky rules!" If the mother continues, I would again say "I am so sorry, but I just can't talk with you about personal lives" and THEN report to risk management of the company. If she is in a round-a-bout way getting nurses to share some thing/ "war stories" that perhaps they should not, then she needs to be spoken to about that by someone who identifies and counteracts risk.
If she needs some assistance going forward with processing her whatever, then at the next case management meeting it needs to be brought to light and discussed as in counseling, social work, support groups, and documented by you that this was discussed at the case management level.
Betty52
14 Posts
Thank you! I have never been in this situation prior and I am in my 50's so I didn't even think about the insurance.
I just emailed because the phone doesn't have a message option and I will call tomorrow.
Thanks again...