Is this a hipaa violation?

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A patient I had died of a heart attack.

this is all hypothetical. my point is to see where hipaa starts and where it ends for the casual nurse. With social media, texts, pictures etc etc that never go away that can come back YEARS later we now live in a federal nightmare. If Jay Z comes to burger king I can tweet the world the he ordered a hot dog. But if I (THE NURSE) tweet Jay Z is at the hospital and I work there is that a violation? Is it a violation if someone tweeted that and they were in the waiting room at the time and saw him walk in?[/Quote

Yes. Cannot use any identifying information or private information regarding the fact he is there or why.

Specializes in SICU, trauma, neuro.
this is all hypothetical. my point is to see where hipaa starts and where it ends for the casual nurse. With social media, texts, pictures etc etc that never go away that can come back YEARS later we now live in a federal nightmare. If Jay Z comes to burger king I can tweet the world the he ordered a hot dog. But if I (THE NURSE) tweet Jay Z is at the hospital and I work there is that a violation? Is it a violation if someone tweeted that and they were in the waiting room at the time and saw him walk in?

Well there's no federal law including privacy protections for fast food patrons. There is one that includes privacy laws for patrons of covered healthcare entities.

If a clinic employee tweets that Jay Z is in the waiting room, it's a vio. If a fellow pt tweets he's in the waiting room, not a vio -- the pt isn't bound by the law.

Not sure why this is a difficult issue...

See, this is the problem I have been having , thinking like a nurse instead of a medic. When we work a code , unless there are obvious signs of death(rigor, severe pooling) we don't stop unless the doctor tells us to stop. I have had times where people aren't in there right mind and think we are hurting their loved one by doing cpr and intubating and I ask is to stop. If there is no DNR we work them.

(Smacks side of head) gotta stop thinking like a medic!

The doctor has to call it in order for the nurses to stop. No relative or friend can stop a code unless they are the legal responsible party in writing. It is very simple.

this is all hypothetical. my point is to see where hipaa starts and where it ends for the casual nurse. With social media, texts, pictures etc etc that never go away that can come back YEARS later we now live in a federal nightmare. If Jay Z comes to burger king I can tweet the world the he ordered a hot dog. But if I (THE NURSE) tweet Jay Z is at the hospital and I work there is that a violation? Is it a violation if someone tweeted that and they were in the waiting room at the time and saw him walk in?

It becomes a violation when a medical professional, who knows better, violates the patient's privacy rights. If you are sitting in the waiting room with him, not an employee of the facility, you are a fan. However, if you are an employee, it's your day off, you are in the waiting room, you are still an employee, if you post to social media...VIOLATION. You can be fined and fired!!! Even if he was your friend.. you could be fired...unless he posted the pic. Just did my HIPAA module at work and this scenario was one of them..not with Jay-Z 😉

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