My HIPAA dilemma

[wizski]

I work 35 miles from my home. It's nice because I don't typically run into people I know. A few months ago, my Great Aunt was in the hospital. I didn't know she was there, but a fellow nurse asked me to verify insulin in a room, and it turned out to be hers. She was happy to see me and asked about my kids and my Grandma(they are sisters in law). She said well, tell her I said hi! I told her I can't really do that, but you can call her and let her know that you're here at my hospital! She understood.

Long story short, she bounced back and forth from the ICU to getting transferred to a bigger hospital, to subacute. One day I was charging and was called to a situation in the ICU. (At our hospital when a code, trauma etc happens, the Med/Surg charge also attends to help). The situation was my Great Aunt, back and in terrrrrrrrrible condition. It would not be long for her. I wrestled with this for days. All I wanted to do was call my grandma and tell her about her dear sister in law. My grandma did find out-when the children called her and told her that she had passed.

I have been sick with guilt. I know I am bound. It doesn't make it any easier. Perhaps my grandma could have said goodbye. Instead, now she is the last one standing from the family. HIPAA has always been pretty black and white for me. This is the first time I lived in that shade of grey.

[Pangea Reunited, ASN, RN]

I don't see what this has to do with HIPAA. The patient asked you (gave you permission) to call family.

[JustBeachyNurse, LPN]

As soon as your aunt told you to tell your grandma she said hi, you were given permission.

[wizski]

The first hospitalization she may have consented. The second she was unable to do so. My dilemma is that I knew she was there, and couldn't tell anyone. Just because she ok'd it the first time, doesn't mean she would the second time.

[JustBeachyNurse, LPN]

It's family. You knew her intent it could be considered implied consent. I seriously doubt your cousins would file a company for letting her sister know

[Mortpm1]

Life is all gray. My hospital probably would have fired you for helping with the insulin, or not bowing out of the code when you realized it was a relative. It's so frustrating that our humanity and caring are to be sacrificed on the hipaa altar. Trust me, you are feeling worse about your grandmother's not having a chance to say goodbye than you ever would have if you "broke confidentiality" and called her. Hipaa has nothing to do with providing excellent care, we got along fine without hipaa for centuries. Mean, gossipy people will violate confidentiality any way, and innocently caring healthcare providers trying to do the right thing get fired all the time. It makes me so sad.

[toomuchbaloney]

the dangers of legalism...and hindsight.

you toed the legalistic line of HIPAA and now you have regrets.

I doubt that it helps to have others suggest ways that you may have done this differently so as to have fewer regrets at this moment. I wonder what you think you might have done differently now that you are on the other side.

[Here.I.Stand, BSN, RN]

I'm so sorry for your loss! Hugs

[nurseprnRN, BSN, RN]

Your relationship was personal long before it happened to be professional, and she asked you to make the call. That trumps it. Besides, who's going to lodge the complaint if you let your grandma know her beloved sister-in-law is in the hospital? Your family?

[~PedsRN~, BSN, RN]

There is so much good I could do in the hospital if it weren't for damned HIPAA.

I'm so sorry for your loss.

[BuckyBadgerRN, ASN, RN]

"tell her I said hi"! That was the go ahead to say you say Great Aunt Bessie. You can tell Grandma that without divulging WHY your great Aunt was in the hospital.

[BuckyBadgerRN, ASN, RN]

No, but at that time your Gma would have known that there were health issues going on and could have followed up on her own.

The first hospitalization she may have consented. The second she was unable to do so. My dilemma is that I knew she was there, and couldn't tell anyone. Just because she ok'd it the first time, doesn't mean she would the second time.