Is it really a violation of H.I.P.P.A. law to share your concerns with the doctor?

[Alnitak7]

I was on a private home care case one time and I did not have the patient equipment I needed to give proper care to my patient. He badly needed a lift and it was impossible to transfer him without one.

He was badly agitated because I could not move him alone and he did not know why.

I called my agency supervisor who told me I would just have to deal with it. They are at least supposed to offer emotional support. With no other ideas left I decided to report this need for a lift and the patient's agitation to the patient's doctor. Well, my supervisor found out about it and I got a lecture from her. She said it was very inappropriate to call him and that I had violated H.I.P.A.A.

Another girl on that case told me to document that we needed a lift on the time sheet. Later on we got one.

I have studied health laws and I can't be sure if this really is a violation.

[BloomNurseRN, ASN, BSN, RN]

*Banging my head on my desk!!* No, this is NOT a HIPAA violation and I absolutely HATE when people try to pull that out of their hat as if it's a magic spell that will instantly make people believe them. It's the Health Insurance Portability and Accountability Act. NOT the Can't Talk to the Doctor About the Patient Act. So frustrating.

Yes, the supervisor probably felt like you broke protocol and did not use the proper chain of command by going around her but you were advocating for your patient and you did the right thing. You agency/supervisor did not support you and that's frustrating. It may be a good idea to have a sit down with her and say something along the lines of "I apologize that it seemed as if I was going over your head, as that is not what I had intended. In the future, how do you feel it's best that I handle an issue like this?"

And frankly, it sounds like this agency doesn't care that much about the patient. That's harsh but if they had no desire to listen to what you felt your patient needed, then that's a huge red flag and may mean it's time for you to look for another agency if you want to stay in home health.

You did the right thing and I think you should be proud of that.

[Orca, ADN, ASN, RN]

I can't add much to what has already been said. It is beyond asinine for them to tell you that talking to the patient's physician is a violation of HIPAA. I also totally disagree with TBlase, who said that your call was inappropriate. We are supposed to be advocates for our patients. You tried going through proper channels and you encountered an indifferent supervisor. That does not remove your obligation to advocate.