Hippa

crjnursewarrior · Jan 6, 2006

We do have a private fax number, but our phone line that we do the majority of calls that pertain to medical issues IS recorded by security. The medical administrator has a private line in her office, but we do not have access to it. We have complained and complained about this, but still nothing is done about it, so I will laugh hysterically if they get fined for it!!! :lol2: :lol2: :lol2: :rotfl: :nono: :chuckle :yeah:

nurseT · Jan 7, 2006

Our old jail inspector never used to inspect the medical dept. but I was always ready anyway. That made the commander think medical was not important. I tried to tell them one day it would happen. We have a new inspector this year. Sure enough, this guy actually inspected the entire jail, iincluding medical. The only questions they didn't ask was, is your fax secure? If they had I would have had to tell them, my fax is in the front office, and the employees often bring me the fax. The commander will even read it and tell me, "He's ok it's not broke". Like he knows how to interpret a lab or x-ray report any way. Sheesh. :idea:

fiestynurse · Jan 8, 2006

I doubt if your jail medical department is a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Even if it does meet the criteria, there are many carve-outs in the law for correctional facilities. Medical Information can be shared with Custody on a "need to know" basis for the "good order" of the facility.

You shouldn't be concerned about HIPAA.

nurseT · Jan 8, 2006

I doubt if your jail medical department is a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Even if it does meet the criteria, there are many carve-outs in the law for correctional facilities. Medical Information can be shared with Custody on a "need to know" basis for the "good order" of the facility.
You shouldn't be concerned about HIPAA.

Thanks for the support. I wish I could find all those "carve outs" in writing. It's difficult when you're used to eveything being so strict in a healthcare facility. The way I understood the laws pertaining to HIPPA and correctional was that the medical dept inside the jail was a covered entity, but the jail itsself was not, and that one correctional facility could share medical information with another without the inmates consent. The most trouble I have is with outside providers. Some will not fax me records because they think they will violate some law.

fiestynurse · Jan 9, 2006

Just because HIPAA does not apply to your facility, does mean that certain privacy laws don't apply when it comes to medical records and the sharing of confidential medical information. For instance, you should not be sharing details about an inmate's care with outside family and friends who call to find out about an inmate's medical care. And outside providers cannot fax you medical information without a signed release of records. We have inmates sign a release form and providers have no problem faxing information once they have the inmate's permission. Likewise, we don't copy and send records without the signed permission of the inmate. You should have very clear policies and procedures in place for this, so that you don't violate any laws. Oh, that's right - "My Doctor does not want a P&P manual. He thinks it's setting yourself up for failure and creates more liability. He said "it's safer to keep it simple, do what you were trained to do and you'll never have to worry." The most ridiculous thing that I have ever heard.

nurseT · Jan 10, 2006

Just because HIPAA does not apply to your facility, does mean that certain privacy laws don't apply when it comes to medical records and the sharing of confidential medical information. For instance, you should not be sharing details about an inmate's care with outside family and friends who call to find out about an inmate's medical care. And outside providers cannot fax you medical information without a signed release of records. We have inmates sign a release form and providers have no problem faxing information once they have the inmate's permission. Likewise, we don't copy and send records without the signed permission of the inmate. You should have very clear policies and procedures in place for this, so that you don't violate any laws. Oh, that's right - "My Doctor does not want a P&P manual. He thinks it's setting yourself up for failure and creates more liability. He said "it's safer to keep it simple, do what you were trained to do and you'll never have to worry." The most ridiculous thing that I have ever heard.

Yes, the signed ROI kind of goes without saying. I know what you mean about no P&P manual. We do have some but don't write down every little thing, such as how to cleanse an abrasion and apply a DSD. That's pretty much what he means. It took me awhile to get used to that but there are times when he wants to treat something differently or when he wants me to be able to cleanse a wound with Hibiclens if I choose instead of NS without having to get an order because Hibiclens may deviate from a written policy were it to be written as such. I really like the autonomy he gives me and the fact that I can utilize my training and experience.

fiestynurse · Jan 11, 2006

There is a difference between medical department Policy and Procedures and nursing treatment protocols that are approved by the physician. You are putting your license at risk and trust me - this doctor will not back you up in a court room, if you use poor judgement or function outside of your scope of practice. You never stated whether your are an RN or an LVN?

nurseT · Jan 12, 2006

There is a difference between medical department Policy and Procedures and nursing treatment protocols that are approved by the physician. You are putting your license at risk and trust me - this doctor will not back you up in a court room, if you use poor judgement or function outside of your scope of practice. You never stated whether your are an RN or an LVN?

Double ouch!