HIPPA Violation??????

bellasage · Aug 30, 2009

No, it is not a HIPPA violation. Unless you know that by asking your church to pray for a patient in your hospital, then going to describe her in detail with some knowledge that someone in the congregation knows her/or can guess who it is.

For example it is not against HIPPA to ask your church to pray for your patient in the hospital (NO NAME) who is ill of (i.e..) Cancer.

It is in violationt to say "Please pray for my patient who is ill, she is dying of Cancer. She has brown hair, blue eyes and 3 kids. Her husband used to live down the road from me. But now they live somewhere South. EVEN THOUGH YOU DIDN'T SAY ANY SPECIFIC NAME/MR #/ YOU DID MAKE IT POSSIBLE FOR SOMEONE TO GUESS WHO SHE WAS.

Virgo_RN, BSN, RN · Aug 30, 2009

I'd even be careful there. If people in the congregation knows that someone has cancer, and that person has been absent from services, and you were to ask for prayers for someone who is sick with cancer in the hospital, they could easily guess who it is.

priss614 · Aug 30, 2009

Just tell your Sunday school class that you cared for a patient the other day who really needs prayers, but you can't give any further info due to privacy act. That way, no violation and you can still ask them to pray for the patient.

belle87RN · Aug 30, 2009

Thanks! I figured it wasn't a HIPPA violation. But I wanted to ask opinions. For those that are of the praying kind out there. We did have a patient come into our ER. He was transferred to another hospital and I don't know of their condition. It was stable when they left, but I just really feel compelled to pray for them and the family because it is life threatening. So keep the little one in your prayers!

Pepper The Cat, BSN, RN · Aug 30, 2009

Do you get permission from the pt to ask your church to pray for him/her?

Columnist · Aug 30, 2009

here are some excerpts and links which explain hipaa and how it relates to churches.

the hipaa privacy rule applies only to health plans, health care clearinghouses and certain health care providers. it prohibits, with certain exceptions, the disclosure of an individual's health information if the disclosure is not for the purpose of treatment, payment or health care operations, or is not made pursuant to a specific authorization provided by the individual. because the hipaa privacy rule only applies to health plans, health care clearinghouses and certain health care providers, it does not apply to congregations or individual congregation members, except for members who are themselves health care providers or are employed by health plans, health care clearinghouses and certain health care providers.

hipaa is not violated when a church publishes the names and medical conditions of church members who are either hospitalized or ill in church publications, such as a church bulletin, newsletter, prayer list or on the congregation's website. however, it is possible that a congregation's disclosure of a member's medical condition or even non-medical information, without the consent of the member, would constitute an "invasion of privacy" under state law. such "invasion of privacy" laws often give an individual the right to sue when a person publicly discloses information that is private in nature.

http://www.lcms.org/pages/internal.asp?navid=6536

http://www.gcfa.org/pdfs/hipaa_privacy_rule.pdf

leslie :-D · Aug 30, 2009

Do you permission from the pt to ask your church to pray for him/her?

heck, i never ask folks if i can pray for them.

pepper, why would someone need to ask?

leslie

Pepper The Cat, BSN, RN · Aug 30, 2009

heck, i never ask folks if i can pray for them.
pepper, why would someone need to ask?

Because she is asking her church to pray for someone who is not a member of her congregation. Does she know this persons religous beliefs? What if the person is an Athesist - would they want people praying for them? Would Jewish person be comfortable with a Catholic person praying to the Virgin Mary for them?

I used to work with someone who was very religous and would keep telling us that she was "praying for you" - it made me very uncomfortable so I told her to stop. Her intentions made have been good, but I was uncomfortable.

I just think that if the person is not a member of your church, you should ask permission before asking a congregation to pray for them.

Virgo_RN, BSN, RN · Aug 30, 2009

Thank you, Daytonite. It may not be a HIPAA violation, but it may be a violation of their privacy.

leslie :-D · Aug 30, 2009

Because she is asking her church to pray for someone who is not a member of her congregation. Does she know this persons religous beliefs? What if the person is an Athesist - would they want people praying for them? Would Jewish person be comfortable with a Catholic person praying to the Virgin Mary for them?
I used to work with someone who was very religous and would keep telling us that she was "praying for you" - it made me very uncomfortable so I told her to stop. Her intentions made have been good, but I was uncomfortable.
I just think that if the person is not a member of your church, you should ask permission before asking a congregation to pray for them.

ah, ok.

when i think of praying, i think of saying silent prayers in one's head.

but to pray publicly, yes, i agree with you 100%.

leslie

eta: i just reread your post, and it clearly states about church praying for pt.

my mind is in a fog...*sigh*

Pepper The Cat, BSN, RN · Aug 30, 2009

eta: i just reread your post, and it clearly states about church praying for pt.
my mind is in a fog...*sigh

I know the feeling! :)

I just religion is such a private thing that to pray for another person when you don't know their religous beliefs is mis-guided