Might be a violation, maybe.

Riawahine, BSN, MSN · Aug 23, 2015

If they were speaking about a patient in public, this certainly sounds like a violation of privacy. What did you do when you heard this??

Purple_roses · Aug 23, 2015

I hope that wasn't in a hallway where family/loved ones could hear.

AcuteHD · Aug 23, 2015

Please, docs (in general) have about as much respect for HIPAA as they do PPE. I was attempting sarcasm when I said this might be a violation. What did I do? :no: and :roflmao:

CBlover, BSN, RN · Aug 23, 2015

Oh please. That kind of stuff goes on all

the time. I wouldn't sweat over it.

Purple_roses · Aug 23, 2015

Please, docs (in general) have about as much respect for HIPAA as they do PPE. I was attempting sarcasm when I said this might be a violation. What did I do? and

I'm so bad about detecting sarcasm online, but I see it now. Seriously though, I do hope the family didn't hear! What a bad way to find out your loved one isn't going to be ok.

iluvivt, BSN, RN · Aug 24, 2015

They were in the hospital hallway and not in the cafeteria or a more public location. You do not mention if hospital staff were the only ones that could overhear this banter....if so I see nothing wrong with it.Incidental disclosure is going to happen and is allowed and the information must be protected. If that was Mrs Smith they coded..that could be one of many.

BuckyBadgerRN, ASN, RN · Aug 24, 2015

Exactly. And Im sure they're right, they did MS no favors.

Oh please. That kind of stuff goes on all
the time. I wouldn't sweat over it.

Been there,done that, ASN, RN · Aug 25, 2015

Doctors are gods.. they can discuss their patients anywhere and everywhere.

It's only the peons that are sanctioned.

klone, MSN, RN · Aug 26, 2015

They were in the hospital hallway and not in the cafeteria or a more public location. You do not mention if hospital staff were the only ones that could overhear this banter....if so I see nothing wrong with it.Incidental disclosure is going to happen and is allowed and the information must be protected. If that was Mrs Smith they coded..that could be one of many.

Talking in a public hallway, 20 feet apart, is not incidental disclosure.

iluvivt, BSN, RN · Aug 28, 2015

There is not enough information to tell for 100 percent sure! However, based on what is known it seems like incidental exposure to me.

HIPAA Privacy Rules are not intended to prohibit the medical and nursing team from talking to each other and/or to their patients. Sometimes individuals outside the medical team may be in the area during these communication and may overhear information that they do not need to know. While reasonable precautions should be utilized to avoid sharing PHI or patient information with those not needing to know it is possible that small amounts of patient information may be disclosed to people near where patient care is delivered. This is referred to as an incidental disclosure.

Incidental disclosure is allowed as long as reasonable safeguards are taken to minimize the disclosure. Again what we do not know is who heard the communication. Communication in hospital hallways is allowed unless they were yelling down the hallway. They should also try to be overheard. Communication is also allowed in semi private rooms but again prudence is required and the medical and nursing teams should speak quietly.

klone, MSN, RN · Aug 28, 2015

I know what incidental disclosure means/is. And I'm still telling you - having a conversation from 20 feet away, in a public hallway, is NOT incidental disclosure. This wasn't a semi-private room, or speaking softly to each other outside a patient room. This was a public hallway. 20 feet apart. Which would necessitate speaking loudly in order for them to hear each other. And the patient's first and last name was used. Doesn't matter if the last name is Smith.

You say there's not enough information to go on. I'm going on what the OP posted in the OP.