HIPPA and counseling

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Specializes in ICU, Postpartum, Onc, PACU.

I feel the need to see a counselor because of things going on in my life right now and some of that information includes issues at work. I'm just wondering, I wouldn't mention names or anything, but am I covered as a patient with provider-patient privilege or do I still need to sensor myself like I do normally.

It seems like therapy, counseling, etc is supposed to be a safe place to "let go" emotionally and if I'm worried that I'll get in trouble for saying certain things, then I don't know how productive the sessions would be.

Thanks for any advice!

Specializes in Emergency Nursing.

Well, most things are covered by provider patient privilege. Things that aren't are when you pose a threat to yourself or others. For example if you went to your counseling session and said, "yeah I'm going to bomb my place of employment." That wouldn't be covered by provider patient privilege. HIPAA rules are only part of the equation there are many different privacy laws. For the best answer talk to a JD versed in Privacy Law.

Specializes in PICU, Sedation/Radiology, PACU.

I assume you are asking if it is okay to talk to your counselor about specific PATIENTS at work.

That's actually a great question. Everything you say to your counselor is privledged unless it involves harm to yourself or others. However, is telling your doctor about patients a HIPAA violation? My first thought is that it would be okay, since it's your therapy session. However, I'm not sure about this. Since you said you won't use names, it probably won't be too hard to have a conversation without giving protected information (Name, DOB, SSN, MR#, etc). You would be allowed to talk about situtions involving a patient as long as you don't give specific health infomation about the patient.

Does your facility have a Complaince Program or a HIPAA liason? Maybe you can talk to the director and ask this question.

You are allowed to talk about your co-workers, including names during counseling.

Specializes in Leadership, Psych, HomeCare, Amb. Care.

Is your question, "Are my statements confidential & protected by HIPAA?" And, are you concerned things will get back to your employer?

It should be confidential, but ask your therapist your questions

Specializes in Paediatrics.

I think it's perfectly fine as long as you don't mention names or any key elements that would allow the counsellor to hone in on who they are. (eg. Paraplegic when you're a town of 100 and there's only one individual who is.)

Counselling really is important in helping you, so I wouldn't worry too much about it as long as you're not telling someone else's secrets you've got nothing to worry about. They are bound by confidentiality laws but your clients are too via HIPAA so you can't break that either. As who knows the individual spoken about could be a cousin of the counsellor for all you know.

Hope everything goes great for you and you feel better.

Specializes in Nurse Scientist-Research.

Seems like it would be fine unless you feel the need to disclose full name, DOB and so on. Besides the fact that your counselor is bound by privilege.

How about all the patient scenarios we write about every day on this board? We keep out names and identifying information, and that seems to be tolerated.

Specializes in ICU, Postpartum, Onc, PACU.

No no, it was more like if I talked about certain incidents or coworkers. About 1/4 of my issues/stress is caused, not so much by my work, but a couple people (namely one person), who like to make my life hell, belittle me, etc.

I have personal issues I'd like to tackle as well, but I would be talking about work quite a bit probably, and I just wanted to know if that'd be ok. Not like "the pt in room 325 who coded last night...", but I just don't want to jeopardize anything.

Thanks for all the replies!

Specializes in family practice.

At my work they said they would not know what was said but would know you had visited. All visits are privileged unless harm to self or another person. ,You can talk about stress with co-workers but then it would be civil not to mention names. The therapist would not know who you are talking about cos you dont work on the floor together

Specializes in Paediatrics.

Ooh, well when it comes to staff members or personal members in family/friends ect, it's perfectly fine to say names or conversations/interactions you have had. They (counsellor) are completely bound by their confidentiality agreement and it doesn't violate HIPAA. As they aren't a client but a staff member and you don't make any agreement not to talk about your co-workers or daily life when signing up as a nurse. As long as patients are kept in the dark you're just fine.

Hope that nurse lays off, bullying really is inappropriate in the workplace.

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