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Discussion

Hippa violation

I am a pedi home health nurse and I was assigned to a new home recently. After working 2 days, the mom of my newest patient asked if I new of 'so in so' (referring to another pedi patient), I stated "yes".

The following shift, I was terminated for Hipaa violation! O_o

1. I didn't know that me verbalizing that I knew that kid was a direct violation.

2. Will I be denied unemployment compensation because I was termed for a Hipaa violation?

I meant NO HARM at all. Just a simple "yes". Did not disclose any medical info. Nothing but "yes"

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    I am sorry you are going through this......however we cannot give legal advice. Acknowledging that you know someone is not a HIPAA violation. Why did the parent ask? Did they ask do you know so and so or did they ask have you cared for so and so. There is a difference.

    Do you have malpractice insurance? If you do notify them for they can help you with legal advice. Just becxasue you were fired doesn't mean that you will be denied unemployment and if they do fight it....make them explain why they fired you.

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    You confirmed that you knew that other patient, presumably in the context of your employment, so the person who asked you now knows that person is a patient is receiving care. That's the violation, and I hope that's clear now.

    As to the rest, call your malpractice carrier (you do have malpractice insurance, right? yet another example of why everyone should have it) and do what Esme said.

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    That's not actually a HIPAA violation, but may be a violation of your facility's privacy policies. HIPAA specifically allows facilities to confirm that a particular person is in fact a patient there so long as the patient or their surrogate has not made them "do not announce".

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