Is age part of HIPAA?

Specializes in NICU.

This is actually not just age but GESTATIONAL age.

I work in the NICU and was caring for a mom who's baby was coming out to be kangarooed (held). I helped get her settled and went into the hall and my charge nurse said there was 34 week twins coming and would I go to the delivery and held admit.

I said sure and was speaking to another nurse about it. Without even thinking about it I walked into my other patients room and said, "I am heading to help admit 34 week twins so if I don't come back please don't think I forgot about you just hit your call light if you need anything." She said no problem and wasn't really paying attention playing on her phone. FACEPALM.

I like had a brain fart moment and didn't even think about the fact I wasn't speaking to another nurse. I never said another thing about it and she never asked. And of course the next nurse comes on and the mom says, "I heard there was another set of twins born! Are they doing OK?" She said another set because this made our 6th set in the unit. Lots of twins. She knew this because we put big 2's on the doors of rooms with twins in them so people are aware in case an alarm is going off and she just counted the 2's so that she figured on her own.

Anyways, this nurse freaked out on me and said I would be lucky not to loose my job. She also accused me of some other things (won't get into it but they aren't true and there is zero proof so I am not worried). I am so upset and worried she will tell our manager.

I spoke with a few other nurses about it and they all said not to worry she is a real bully and crabby and she will forget about it. One nurse said she didn't even think gestational age was covered under HIPAA but if I got called to HR about it study the definition and make sure it's even a violation. Seriously my stomach has been killing me for days I am so worried sick. I didn't even know why I said that! I was just in a rush and flustered because I already had 2 preemies I was taking care of and about to admit 2 more.

12 Answers

Specializes in PICU, Sedation/Radiology, PACU.

First things first, HIPAA covers protected health information. This is personal, identifying information released without consent. Gestational age, or a statement of "we just admitted 34 week twins" in no way contains personally identifiable health information. So no, it is not a HIPAA violation.

Though we tend to use the term HIPAA to be synonymous with "patient privacy", the two are very different. Hospitals usually have policies regarding respecting patient privacy that go above and beyond the scope of HIPAA. So while your comment about "going to admit 34 week twins" was not a HIPAA violation, it doesn't mean you might not face reprimand or disciplinary action from the hospital for violating patient privacy. However, given that your unit publicly posts signage identifying which rooms contain twins, I doubt simply informing another patient about the arrival of another set of twins would be considered that serious.

Specializes in Emergency & Trauma/Adult ICU.

Generally speaking, you don't say anything about any patient to any other patient. But this is way overblown, IMO.

Specializes in Nursing Professional Development.

Yes, gestational age is protected patient information -- and should not be shared.

But I agree that this other nurse is blowing it way out of proportion. I doubt anything will come of this particular incident.

Just say that by law you are not allowed to discuss info about other patients, just as you cannot share info about them.

Specializes in HH, Peds, Rehab, Clinical.

But the person in the story wasn't requesting information that "I'm not allowed to discuss other patients" would apply to. OP announced that she was "off to admit 34 week old babies, don't worry if you don't see me for a bit". Far different

Just say that by law you are not allowed to discuss info about other patients, just as you cannot share info about them.
Specializes in Post Acute, Med/Surg, ED, Nurse Manager.

Why not go to HR first and report what happened and just admit that it was a hurried slip, and report your concern and ask them to clarify if gestational age is a violation. I am sure it is probably liek anything else an identifier of a patient. But just be honest. Usually honesty and being able to admit a problem BEFORE someone reports you saves you a whole heap of trouble and makes you look more honest and upstanding in HR eyes. IF you are honestly concerned and want to do the right thing, they have a lot more respect for you than an employee that they have to investigate after a serious claim.

Or you could just go to the HHS website and read the HIPAA policies and the definitions of PHI and PII.

Saying aloud that I'm caring for a 43 year old patient is NOT a HIPAA violation. Who's the 43 year old patient? Where are they? What's their birthday? It's not PHI nor is it PII - it CANNOT be used to identify that person in any way, shape, or form. Do you know how many 43 year old patients there probably are in any given facility at any given time?

If this were a HIPAA violation, every case study ever written would be suspect.

Now if I said I'm caring for a 43 year old female in room 9307 who was born on 18 July 1952 - THAT'S a HIPAA violation.

People take HIPAA and whip it until it loses its meaning. It's a big pet peeve of mine.

There is zero reason to report this to HR. And your unit wouldn't have a leg to stand on when it comes to this, given the way it decorates the doors (and the fact that this isn't a violation in the first place).

Yes, Age is an identifier

Specializes in Psych ICU, addictions.

Using the age by itself can not lead to a HIPAA violation. However, if used in conjunction with enough other pieces of PHI...

Specializes in NICU.

I know it was definitely a TMI and I shouldn't have said that. This other nurse also accused me of sharing info about another set of micro preemies we had which I didn't at all the two moms had become buddies in the family room and the micro mom showed my patients mom pictures and all sorts of info about her twins. She knew their birth sizes, that they were on vents, how many weeks they were. All she asked me

abojt them was if they were doing ok in which I shrugged and said I thought so but didn't take care of them so I wasn't sure about anything and just changed the subject. She had a ton of questions about what the smallest baby we have ever had was which was 12 oz and I told her that but nothing else about any patient info. I just don't know how to always deflect parents incessant questions and curiosity so I tried to make an excuse to just get out of there and away from her.

Specializes in NICU.

I think the previous poster was talking about moms that ask a lot of questions. If you read what I posted I said that mom was asking a ton of questions I didn't know how to answer and couldn't legally answer so I just found an excuse to get out of there

But the person in the story wasn't requesting information that "I'm not allowed to discuss other patients" would apply to. OP announced that she was "off to admit 34 week old babies, don't worry if you don't see me for a bit". Far different

I should learn to use the quotes, I was replying to this

I just don't know how to always deflect parents incessant questions and curiosity so I tried to make an excuse to just get out of there and away from her.
when I said to tell them by law she cannot answer.
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