HIPPA violation?

[Mythreeangels]

We have a secretary that sits in on oncoming day shift report. She performs NO patient care, whatsoever. We are a small rural hospital, leaving us many times with phones and call lights unanswered :angryfire as we are giving report (in turn) and covering all the rooms. We have asked our manager why she needs to be in there, and are told that she needs to know what's going on, on the floor...HUH? We have suggested that she would be of better use doing her job for the first 30-45 minutes (however long it takes for us nurse's to file through and give report, as this is how it is done here) instead of just sitting there listening. Is this considered a violation of pt confidentiality....being as MD's aren't even allowed to look at other MD's charts at will. Just wondering if anybody knows?Thanks!

[Balder_LPN, LPN]

I have been to several HIPAA trainings, and it doesn't sound like a violation to me. A misuse of the secertary's time, yes (we've got a similar situation where I work, so I can relate). It sounds as if the secretary's attendance at report is a part of standard operating procedures and thus not a violation. She is bound by the same confidentiality rules as the rest of the staff. This question has come up in one form or another at every HIPAA training I've attended, and that's always the answer.

if the information shared with the secretary is more than the minimum ammount neccesary for the secretary to perform her job of providing services to the PT than it is violation of the HIPAA privacy rules. Thats the real question, "does the secretary require that infor to provide her services to the pt" if YES:no violation if NOT:violation"

If I find the secretary on a unit in our small town hospital has received confidential info on me that she did not REQUIRE, then I would look at this website and file a complaint http://www.hhs.gov/ocr/privacyhowtofile.htm

[meownsmile, BSN, RN]

I really dont think there is any need for a unit secretary to sit in on report. The duties she does in her job dont warrent her knowing all the details about patients. Her job is to put in orders, build charts, answer phones. None of those things require her to have the daily update information about a patient that nurses would need. Any information she would need to put in a x-ray etc can be obtained on a as needed basis from the nurse caring for that patient. IMO

[LydiaNN]

if the information shared with the secretary is more than the minimum ammount neccesary for the secretary to perform her job of providing services to the PT than it is violation of the HIPAA privacy rules. Thats the real question, "does the secretary require that infor to provide her services to the pt" if YES:no violation if NOT:violation"

If I find the secretary on a unit in our small town hospital has received confidential info on me that she did not REQUIRE, then I would look at this website and file a complaint http://www.hhs.gov/ocr/privacyhowtofile.htm

As I said, I have heard this answer in trainings, including one just recently held by counsel for our local children's hospital. I can hardly imagine why you would find it necessary to file a complaint that a hospital employee was given information about you in the standard business operations of the hospital, but to each their own.

[TypicalFish]

We have a secretary that sits in on oncoming day shift report. She performs NO patient care, whatsoever. We are a small rural hospital, leaving us many times with phones and call lights unanswered :angryfire as we are giving report (in turn) and covering all the rooms. We have asked our manager why she needs to be in there, and are told that she needs to know what's going on, on the floor...HUH? We have suggested that she would be of better use doing her job for the first 30-45 minutes (however long it takes for us nurse's to file through and give report, as this is how it is done here) instead of just sitting there listening. Is this considered a violation of pt confidentiality....being as MD's aren't even allowed to look at other MD's charts at will. Just wondering if anybody knows?Thanks!

I'd check with your HIPPA people; but HIPPA allows anyone involved in your care to have access to your information, which includes the secretary. "Involved" in your care covers wide range of people, from the admissions secretary to the healtcare providers to the transcriptionist that transcribes your H&P; the insurance reviewer; the case management people, it is not limited to the people physically caring for you only. I am not sure what your secretary does, but ours is hugely important to us-they take off orders if we can't; they order tests, field phone calls, etc etc. It is important for the secretary to know about patients so that she will know what's going on-which patient is sicker? Who's going home? who's a DNR? Who has specific people allowed to visit ONLY? Who's going out for tests today? A secretary is a part of the team on any unit, and all teams members need to know what's going on for the whole team to work well. On our unit, we give individual report, but the secretaries sit in with the charge nurses while they give eachother the overall report, so they are aware of what's going on.....

[Balder_LPN, LPN]

As I said, I have heard this answer in trainings, including one just recently held by counsel for our local children's hospital. I can hardly imagine why you would find it necessary to file a complaint that a hospital employee was given information about you in the standard business operations of the hospital, but to each their own.

As overbearing as HIPAA can be it serves a very valid purpose, to safegaurd your privacy as a patient. I would proably actually only file a complaint if there where things I wanted to keep private (say I am having a vasectomy or whatever I would consider private) and I found that info was shared with person/s who did not need it.

[judyblueeyes]

I guess it depends on the unit secretary. Our primary ones are great and a great help. Knowing what's up with the pts helps her (them) prioritize her (their) day/calls, etc. The off-going US can man the desk until her shift is over.

But then, last night I worked with one whose evey first word was "no". Ugh.