Is this a HIPAA violation?

[shoegalRN]

I'm having a debate on a different website with someone.

They said their cousin works at a hospital and told him that his girlfriend was a patient there and she had an abortion. They identified the hospital, and the girlfriend by name. The girlfriend told the guy she had a miscarriage. He told the girlfriend what the cousin told him and she admitted to it. I know this is clearly a HIPAA violation, but wanted to get more opinions. In this situation, can't the girlfriend sue for HIPAA violations?

[Noryn]

Individuals cannot sue for HIPPA violations. Facilities can be fined.

HIPAA violations are more or less a breach of confidentiality in which case someone can definitely sue.

[Katnip, RN]

I'd say to report it to JCAHO and contact a lawyer. It's a major HIPAA violation, and she probably has a good case for violation of her privacy. The boyfriend does not have the right to know about this on any grounds.

[flashpoint]

HIPAA violations are more or less a breach of confidentiality in which case someone can definitely sue.

Individuals can also be fined...or imprisoned...last I knew it was up to $10,000 per violation or a year in prison.

The cousin had no right to tell they boyfriend anything!

[suzanne4, RN]

This so-called cousin needs to lose their job, plain and simple.

And how do they know what went on in that OR? Abortions are not listed as abortions on the OR schedule, but only as D and Cs.

And that can be used for either an abortion or a miscarriage. And if this so-called cousin were near that OR, then that puts them in more jeapordy than they are already in.

They are still subject to legal action at the very least, in addition to losing their job.

And they need to lost it. I do hope that follow-up is made over what has happened here and it does not just slide by.

[Altra, BSN, RN]

This is very straightforward.

Huge HIPAA violation.

If the patient wishes to pursue this she should immediately contact the hospital's corporate compliance officer (just call the main hospital number - they will connect her). She can also file a complaint directly with the US Dept. of Health & Human Services Office for Civil Rights. This is not a JCAHO issue but a civil rights violation with the potential for civil and criminal penalties for the hospital employee(s) and the hospital itself.

http://www.hhs.gov/ocr/hipaa/consumer_summary.pdf

http://www.hhs.gov/ocr/hipaa/consumer_rights.pdf

http://www.hhs.gov/ocr/privacyhowtofile.htm

[Altra, BSN, RN]

Additional thought:

As Suzanne pointed out, ABs are listed as D&C on OR schedule. Thinking through this hypothetical scenario, this hypothetical patient could have had an incomplete spontaneous abortion (miscarriage) with continued bleeding necessitating a D & C.

[sharona97, BSN, RN]

Individuals cannot sue for HIPPA violations. Facilities can be fined.

If the individual who named the hospital and patient is a licensed or certified healtcare worker, they have broken patient confidentiality. That is the premise of HIPPA. Civil action could take place.

[RedWeasel, RN]

this is beside the point but a miscarriage is termed a spontaneous abortion, so depends on whether the employee was a nurse or someone who saw 'abortion' on a chart and jumped to conclusions that it was chosen---again this is besides the point ---an obvious HIPPA violation.....

[RedWeasel, RN]

I do find it odd though, that although HIPPA is drilled into all staff from day 1, why do I always find Pt Stickers in the trash can in pts rooms? Does staffthink all trash is burned and won't be out in the community or landfills? I mean come on! THINK if you cant throw an old wristband away how can you throw away pt stickers?????

[Otessa, BSN, RN]

I'm having a debate on a different website with someone.

They said their cousin works at a hospital and told him that his girlfriend was a patient there and she had an abortion. They identified the hospital, and the girlfriend by name. The girlfriend told the guy she had a miscarriage. He told the girlfriend what the cousin told him and she admitted to it. I know this is clearly a HIPAA violation, but wanted to get more opinions. In this situation, can't the girlfriend sue for HIPAA violations?

looks like a "yes". Her personal health information was shared without her consent. The cousin could be fired as well.

[Amethyst Veralyn]

I was on a case one day and wrote a note to the girl who came at the end of my shift

to tell her our patient had diarrhea and I did this specifically because our patient had

guests in the house and I didn't want to be rude. She sat there and read my note out loud

so everyone could hear and I was badly offended. It should have been obvious why I

wrote her the note. I reported her to our supervisor and got no reply.

I later on found out that this guest called the state on us but was never told the details of why she called them.

[BabyLady, BSN, RN]

Individuals cannot sue for HIPPA violations. Facilities can be fined.

This isn't true...both can actually be sued and you can collect from both.

Considering spending time in prison is one of the possible penalties...do you think it's the CEO of the facility that is just a figurehead of the organization that goes to prison?

Nope, it's the healthcare worker, be it a physician, nurse, or secretary, that goes.