I think I made a mistake - advice please!

[Kathyada3375]

I am a new nurse at a CMH facility. Today we had a client attempt suicide in our parking lot, by taking a whole bottle of his pills. His social worker called 911 and while we were waiting for them to arrive had me, the only RN on site, call poison control, to see what action should be taken. I did, and they kept me on the phone until EMS showed up, prior to hanging up they asked the clients name, not thinking I gave it....

Now I am concerned that I violated HIPPA by giving the name and am wishing I had stated that I was not authorized to release that info...

any thoughts as to if this truly is a HIPPA violation? I am concerned cuz this field seems to be very lawsuit happy with all the recipent rights actions!

[Mish56, BSN, RN]

Ah! Dear ol' HIPAA. It has baffaled more nurses than I can count! And of course it will, it's a government reg.

1). No, you did not violate HIPAA. In an emergent situation, such as an OD, information can and MUST be shared with others involved in care. You don't need the patients permission (think: he had fallen unconcious...do you say to the EMT "can't tell you his name DOB, allergies; presribed meds, no permission"). Poisen Control was involved in his care.

Now, if after your shift, you logged on your computor and emailed your buddy what had haddened at work, AND gave enough info to identify the person; now we're talking HIPAA. Why? You discolsed information to someone not caring for the person electronicaly over a non encrypted connection.

Here is a link to the "privacy rule" related to HIPAA at the Dept of Health and Human Servicies.

http://www.hhs.gov/ocr/privacysummary.pdf