Hippaa violation question

[Maurice RN]

I am a home health RN who inadvertently left another patients information at another patients home. Here is what transpired: I was doing an admission where the patients son was the POA and was in the process of signing my visit slip. His was on top of another patients face sheet/visit slip. Long story short is that the patients son became verbally aggressive, blocked my exit and I became very anxious. I left stating I needed to contact my supervisor by phone (to report that I was very uncomfortable and to receive guidance). In my haste and anxiety I left my clip board behind at the patients home. Realizing this within minutes I phoned into my agency and reported the HIPPAA violation. The patients son then reported the found clipboard and its contents to the state agency as a HIPPAA violation. My supervisor supports me in this matter. Yes I now realize the clipboard should have contained only the patients information at that home. I did not expect to leave in haste and leave it behind as none of the information is visible during any visits to another patient.

Any idea what my consequences may be regarding the Board of Nursing?

Thank you for your consideration.

[Rose_Queen, BSN, MSN, RN]

First thoughts: do you have personal malpractice insurance? If so, give them a call. My policy does include coverage for HIPAA issues as well as representation when called in front of the BON. If not, TAANA.org may be another option.

[Overland1, RN]

...Long story short is that the patients son became verbally aggressive, blocked my exit and I became very anxious...

Blocked your exit? In most states, that may clearly be a criminal act committed by the son. If you have reason to believe you were in actual danger of physical harm, then your responsibility is to remove yourself from the scene. Did his blocking you from leaving qualify under your state's laws as Unlawful Imprisonment (or similar)? Each state has various laws regarding such acts of harassment and worse, but courts usually consider what is reasonable on the part of the victim as well as the strict interpretation of the law.

Your documentation of what occurred there will likely be what saves you.... or not.

[nurseprnRN, BSN, RN]

Not an atty and don't play one on TV or AN. However, your malpractice insurer's atty can give you an opinion as to whether fleeing a situation for fear of personal safety is a mitigating factor. Do NOT speak to anyone else about this without your atty's prior OK, and s/he should be there with you at any meeting.

You DO have malpractice insurance, right?

If not, you are now an example to others! If yes, then do let us know what happens.

[Jory, MSN, APRN, CNM]

I seriously doubt that they are going to do anything because you were reacting to a direct threat to your safety. That would be like dropping your medication bag and running and then the BON dinging you for leaving medication unattended.

How do you KNOW it was reported to the state agency? Have they contacted you or is this just something he said he was going to do?

I would wait for evidence before I would overreact.

[Jory, MSN, APRN, CNM]

First thoughts: do you have personal malpractice insurance? If so, give them a call. My policy does include coverage for HIPAA issues as well as representation when called in front of the BON. If not, TAANA.org may be another option.

I agree and would have called the police as soon as I was out the door safely.