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Discussion

Is this HIPAA violation?

sending-private-message-hipaa-violation.jpg.21378c612564340ad2dac0750a442964.jpg

So back story a previous employer reported me to the BON for “abandonment” cause I quit my job. Well I was contacted by the BON for an investigation and I was able to contact the employee who gave me permission to go home that day on facebook. She doesn’t work there anymore. When asking her about the situation I included the patients first name, I did private duty. Is this a HIPAA violation? 

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    Technically, yes, it is a HIPAA violation, as a first name is a personal identifying patient feature, RNicolee.

    Realizing it's water under the bridge,  patients  need to be identified by anything other than an personal identifying feature, e.g. in this case by date and time of service.

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    Would it be a violation of HIPAA?

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    3 hours ago, RNicolee said:

    Would it be a violation of HIPAA?

     

    6 hours ago, Davey Do said:

    Technically, yes, it is a HIPAA violation

    A patient was identified by name on social media; identifying information was made public. Patient identifying information is confidential, only to be used privately between caregivers.

     In essence, a crime was committed. However, if the crime is not reported, no ramifications will result or need to be dealt with.

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    • Author

    I didn’t contact her on facebook public posts. I private messaged her. 

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    Just now, RNicolee said:

    I didn’t contact her on facebook public posts. I private messaged her. 

    Oooooh! 

    That changes things a bit. If the PM is secure, and not all are, you're probably safe.

    This just popped into my head: I once breached a patient's confidentiality and didn't realize it until much later. No one but the person I had texted ever knew of the breach, so I had to deal with no ramifications.

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    • Author

    I used facebooks private messaging systems that says it’s encrypted from end to end. I then deleted all messages I sent after the conversation. I did screenshot the messages before deleting for proof to the investigator that I did have this persons permission to leave work and did not in fact abandon my patient. 

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