Is asking for info in lobby a HIPAA violation?

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I work in the ED, and I'm often in triage. Our registration girl hands people a clipboard with a single piece of paper to fill out (very basic info). Too often, people feel that they are too sick, too good, etc. to fill out the sheet, so we are forced to ask for their info.

Yesterday, a lady brought an elderly neighbor in having CP (extensive cardiac history), and when we asked her to write down his name and birthday (she was holding his wallet and bag of meds), she refused, stating "I'm Dr. X's wife" over and over again. Of course we needed to get the guy back, so my coworker asked the pt his name and birthday, and he gave it to her and then yelled out his SSN "just in case" as he put it. Once we got him back in the room and got him hooked up, his wife showed up, and Dr. X's wife started complaining to her that we (the hospital) violated his rights by asking him that info in the lobby.

Did my coworker really violate HIPAA since he was the one giving all of the info?

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I will also add that I know that sometimes people legitimately cannot fill out the paper. That's not the point of this thread.

And ideally, we could have gotten the pt's info off of his med bottles and confirmed it with him, but Dr. X's wife refused to hand them over, stating "I'm Dr. X's wife. Just take him to a room."

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Specializes in Med Surg.
I will also add that I know that sometimes people legitimately cannot fill out the paper. That's not the point of this thread.

And ideally, we could have gotten the pt's info off of his med bottles and confirmed it with him, but Dr. X's wife refused to hand them over, stating "I'm Dr. X's wife. Just take him to a room."

It's pretty apparent here that Dr. X's wife is insane. If there is an investigation it would be uncomfortable, time consuming, and probably go nowhere.

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Specializes in ICU.

My initial thought is that this is not a HIPAA violation as long as there is an option of writing down the info including CC.

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No HIPAA violation on the part of staff. Asking someone to write a name and a date of birth is not broadcasting it to the waiting room. He yelled out the SSN without being asked for it, so not your violation either. Dr X's wife is unclear on what HIPAA is and does, so you can safely ignore her.

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Smile and thank her for bring that your attention and there is no expiation of privacy in a public area

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Smile and thank her for bring that your attention and there is no expiation of privacy in a public area

[h=2]ex-pi-a-tion[/h] [ek-spee-ey-shuhthinsp.pngthinsp.pngn] Show IPA

noun1.the act of expiating.

2.the means by which atonement or reparation is made.

Origin:

1375–1425; late Middle English expiacioun expiate, -ion

No "expectation," right? (Doncha just love spellcheckers?) The expectation of privacy in health care was addressed by asking for the information to be provided by the patient in writing, not verbally, and that further interaction that might require privacy would be moved out of the waiting room to a private place.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
ex-pi-a-tion

[ek-spee-ey-shuhthinsp.pngthinsp.pngn] Show IPA

noun1.the act of expiating.

2.the means by which atonement or reparation is made.

Origin:

1375–1425; late Middle English expiacioun expiate, -ion

No "expectation," right? (Doncha just love spellcheckers?) The expectation of privacy in health care was addressed by asking for the information to be provided by the patient in writing, not verbally, and that further interaction that might require privacy would be moved out of the waiting room to a private place.

LOL However those damn smart phone sometimes make their own decisions....LOL

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Wow...just...wow! Someone does a good deed for a neighbor and all some want to do is criticize.

She identified herself as being someone else's wife. This means she is not married to the patient. From the info given she did not identify herself as family or the DPOA.

Probably a few of us have assisted someone while off duty and may even have held on to their personal belongings while doing so. However, that does not give us the right to go through their belongings especially if they are still alert. Maybe if you had asked this man if you could go through his wallet and meds, there probably would not have been an issue. These personal items were not the neighbor lady's so she should not be made responsible for them nor should she be asked to go through his personal things while the pt is alert unless he asks her to. Don't you have a policy about personal belongings?

This all was taking place within the walls of the hospital with hospital staff. This was not at Burger King or in the middle of a public street. You should be familiar with the expectations of privacy as hospital staff within the walls of your hospital. If not, ask your risk manager.

If this patient was identified as needing urgent care, why not bring him back to a room? Your actions could be seen as a wallet biopsy to those witnessing this since you may appear to be more focused on paperwork than getting this patient into a room to take care of an urgent medical situation. In an emergency, hospital staff can obtain whatever info they can while initiating treatment.

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Specializes in Short Term/Skilled.
LOL However those damn smart phone sometimes make their own decisions....LOL

There needs to be a "damn you, autocorrect!" for nurses! OMG that thread would be soooo funny.

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