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?

[BabyLady, BSN, RN]

This is where I believe some facilities/agencies, print their own material for HIPAA education, and someone who doesn't understand HIPAA makes some gross misinterpreations.

HIPAA was designed to protect the patient's privacy, and it was designed to prevent facilities and healthcare professionals from being slack about who they release the information to, via verbal, print, and electronic form.

It wasn't designed so self-appointed HIPAA Nazi's can point fingers and scream "HIPAA Violation!" when you are trying to simply, take care of the patient.

If the agency you worked for is correct, then the facility that you stepped to on is guilty as well for even allowing you in a patien'ts room b/c you are not an employee of that facility..therefore, why are you taking care of the patient and looking at the chart? Also, that would also mean that you can't report anything to the physician, regarding the patient, b/c after all, the physician is on contract and you don't work for them either.

Seriously...think about it.

Yes, you had every right to call for assistance and it was NOT a HIPAA violation.

If the facility that you were at knew your agency wanted you to call them every single time you needed help from the staff...the would wonder what your facility was trying to do to cover their "assets"....the last three letters of the last word can also be omitted!

Sounds like the facility was more interested in damage control and masking it under HIPAA.

I would ask your agency to show you documentation...NOT produced by them, that backs that up.

[RedWeasel, RN]

Our floor has to do "PRECAUTION MEETINGS" before our shifts with the previous charge nurse. We have about 40 rooms. Secretaries, CNAs, RNs etc all have to be there. The charge nurse goes through each room, tells if they are on bed alarm chair alarms, what type of isolation they are on and for what and where, the specific labs or diagnostics that are pending etc, different behavior issues with patients and family, etc. It comes from the top. The new CEO who doesn't want to be a great facility but "an excellent one" said he did this at his other facility. This smells of lawsuit. ((((It is hard enough to keep staff from looking at the admissions in the ER and what they are in for. I tell them "what if you or family was coming in with something embarrassing-would you want me to look you up?" They say "well I am not going into their chart and looking at their info". I say "Yes you are. That list gives name, age, and diagnosis."))))))) ANYWAY these meetings are just as intrusive and suspicious. I find this HIGHLY inappropriate. If I or a family member were in our facility (and they have been) I would be livid if they were discussing my family, or my, medical care, or isol issues with the entire staff. We ALREADY have a white board with who is on alarms etc. Does anyone else have to do this? DO YOU THINK THIS IS A HIPPA ISSUE? I do. I just get so angry with "what can we do to be better?" How about make sure we can be staffed correctly and have safe equipment?

[kemper1974]

Would it be a HPPA violation if your manager emailed you about a specific patient and named them in the email?

[Not_A_Hat_Person, RN]

This is clearly a HIPAA violation. The woman had her reasons for not telling her boyfriend. If it was me, I'd sue.

[Not_A_Hat_Person, 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.

I did a clinical at a hospital that listed induced abortions as "TAb." Maybe that was the case at the hospital here.

[azxyrn]

I agree, this most defiantly is a HIPPA violation, I'm sure pretty much all of us have had to sit through the boring HIPPA video during one inservice/meeting over the past years, or at least signed one of the informed consents offered by the facilities we work at. It makes me shutter just to think how much hot water I could be in if I was the fool who leaked that information out to anyone.....