Hippa violation to call Police on patient after they leave ER ?

[lissa150]

Hello, I would like to know if it would be a HIPPA violation to call the police anonymously on a patient after they leave the ER ? A friend of a coworker ( NP ) called the police on a patient to say they were given meds by a family member while in the ER waiting area. They called the police is hopes of getting even with the patient since they asked for another doctor . The police called the patients doctor to report family sharing of medication. She tried to jeopardize the healthcare of the a patient just to be mean even though she knew her claim was false.

My friend said her co-worker the NP, was not providing good care and the patient was given a new doctor. Come to find out, the is patient was having a flare up at the Doctor treated her pain . The NP did call after hours on the patient to be spiteful. Is this a hippa violation ? I am worried as to how easy it is to obtain and call on patients if the provider has a mean streak. It seems this one did and may be doing it to any patent that crosses her path .

I would just like to know because I told her what she did was wrong. She crossed the line I think as a care giver. Any ideas on this ?

Thank you all

[CelticGoddess, BSN, RN]

It's HIPAA.

[elkpark]

You're asking about a co-worker of a friend?? And you "told her what she did was wrong"? Who's "she," your friend or the NP? Are you actually the "friend"?

This sounds like a good situation for MYOB.

[RNNPICU, BSN, RN]

Just like elkpark said this sounds like a great time for MYOB.

[Purple_Clover]

It doesn't sound like OP is asking in order to use our answers to do anything. They sound to me as if they genuinely want to know if this was a HIPAA violation or not.

I would venture to say that it is not. They didn't give out protected health information (things about their medical care), they gave information about observed behaviors. If you were discharging a meth addict and they flashed you some meth from their pocket before they left, do you think we couldn't report that?

[RNNPICU, BSN, RN]

I think the difficulty is the OP is stating that the "friend" NP is doing this in spite or to get even. I don't quite follow the entire story.

[operations]

It's not a HIPPA violation but it is a d*ck move. That's why it doesn't feel right. D*ck moves like this are ethical dilemmas. In ER we have had to report people sharing drugs for real. In this case, the police were called intentionally under a false accusation. The Np needs to be reprimanded for the ethical violation

[Mavrick, BSN, RN]

It's HIPAA.

Yeah, let's get at least some part of this story accurately.

[Serhilda, ADN, RN]

Your story is confusing but it doesn't appear to be a HIPAA violation based on the information you've given us. However, it definitely violates the trust of the patient. If this was commonplace, I can only imagine how many patients would be dishonest about the drugs they're using to avoid jail time. I don't feel instances like this are something we should report to police at all. Referring them to rehab and ensuring their pain is adequately managed should be the priority, in my opinion.

[PnwRN84]

The story is very confusing. Did a patient give medications to another person or not? Even if they did, the details of the whole transaction are not known, and for that reason I'd say yes it's both HIPPA and an ethics violation. It's one thing to see a legit drug deal, but what if I gave a dose of ibu (which I have in my locker right now) to my mom? Or what if I handed my new rx from the ED to my boyfriend to carry?

That person should be in hot water.

I've been in the ED 12 years and am far too busy to play the games that person plays. I call the cops on mandated cases of abuse, rapes and assaults where the alleged victim requests me to call, and when patients who are a risk to themselves or others elope. Your 'friend' (I pray isn't an actual NP) needs an ethics course and some more work to do. I'd request a different provider too.(which makes me think maybe they are an NP, and should be dealt with).