Is this a HIPAA violation?

[TitusNoir]

So I currently do a lot of advocacy work with the LGBT and HIV community here in Philadelphia. It's a small community and eventually everyone winds up knowing everyone. There is a group of us, I wouldn't call everyone friends but social associates. Some people are HIV positive and have disclosed it to the group as part of discussion. Others, like me, are HIV negative. Then of course there are people who are HIV positive but feel like they do not have to disclose this unless they are sleeping with you. One of those people is my friend, A. He has personally disclosed this to me. Another member of my social group, B, is a nurse, and apparently A privately disclosed this to him as well. A few days ago, B "outed" A to the rest of the group as HIV positive. A is furious, as he did not want everyone to know this. Word travels fast and there is still a huge stigma, even in the gay community. A keeps saying he is going to report B for violating his privacy, but I'm not sure this is an actual violation. B didn't come upon this information as a clinician, but as a friend. Ethics aside, does B still have the legal requirement to not disclose this info? Who would this even be reported to? BON?

[caliotter3]

Interesting question. I think, if nothing else, he gave himself a problem by making the disclosure. Personally, I would have kept the info to myself out of common courtesy and for personal safety reasons. You put yourself in the line of fire when you take liberties with sensitive information. Not a HIPAA violation if there was no nurse patient relationship, but still not a wise thing to disclose this info. That won't stop the offended party from making official complaints.

[JustBeachyNurse, LPN]

HIPAA requires several prongs: professional relationship, need for confidentiality and billing insurance for services. So if volunteer, it could be an ethics or patient confidentiality issue but not a true HIPAA violation.

If it was a acquaintance to acquaintance disclosure that one decided to announce to the group it's rude, distrustful, possibly a confidentiality violation. Similar to an AA member calling out to another member at a restaurant. If no professional relationship there is no one to report to

[scottaprn]

HIPAA violation- based on what we know from your post no. JustbeachyNurse explains it well.

Ethical violation of the nurse practice act- Maybe. Depends on what state you live in as it is different everywhere.

Civil law- The truth is always an affirmative defense against slander or libel so it wouldn't fall under that category.

[nurseprnRN, BSN, RN]

"Three can keep a secret if two are dead." ~ Benjamin Franklin.

No HIPAA violation, just a violation of friendship and implied trust in it.

But if A wanted to keep it a secret, he should have told no one. Even if B swore he'd never tell, adults know that sometimes people get drunk, sedated for medical reasons, or have other circumstances when their filters are out of commission. It is unreasonable for A to blame others for his own lack of discretion and judgment about this.

[KelRN215, BSN, RN]

Just because B is a nurse doesn't mean he is bound by HIPAA in his personal life. It was a douchey thing to do but there's no professional violation to report.

This reminds me a little of a situation I encountered recently. My best friend's daughter was born extremely prematurely and gets Early Intervention. (She tells me a lot of what goes on with her daughter because I am her best friend and a nurse, I keep it confidential because I am a good friend, not because the law requires me to.) Anyway, there is only 1 EI company that services the town we grew up in. Their speech therapist one day told her mother (the baby's Grandmother) that she sees the child of someone we graduated from high school with. Grandma then told my friend who told me. Now I know that someone who I went to high school with has a kid with hypoplastic left heart syndrome who needs EI. We are all licensed professionals but the only one who had a professional obligation to keep that information confidential is the speech therapist. If I tell someone else "Did you know that this guy's kid has HLHS?" I haven't violated anything, I am not the baby's nurse.