My HIPAA mistake.

[somenurse]

I have done a HIPAA violation, and looking back on it, i can't believe i did this. As an older nurse, it has not been the easiest of things for me to reform my previously sloppy (by today's standards) ways of patient protection.

I will share this story, but, kinda doubt anyone can learn from it, as, most nurses today are so so so more HIPAA savvy, than i was.

I was working in outpatient surgery center (very fun work, btw)

My guys absolute best friend, "T", came in for minor removal of a fatty lipoma (benign lump on his shoulder of fat tissue). Weird thing is, my guy had exact same thing done the month before.

"T" is at our home most every day, it seems, i mean, this guy is super close to both of us, like family.

HERE'S WHERE I WENT STUPID (cuz i was so so casual and comfortable with this patient, i let my HIPAA guard down)

After my lunch hour, "T" is now dressed and ready to go home, and i told him that my guy said to tell "T" this or that (a joke) about how to recover from this 'surgery', and "T" and i laffed about some jokes about maybe something is in the lake we all swam in all the time, causing these lumps on both "T" and on my guy.

Somewhere in there, i had said to "T", that i had told my guy on my lunch break, via cell phone, that "T" is going to be going home soon, so my guy should go over and check on "T" in an hour or so.

We had only curtains between the patient recliners in this area of discharge area.

another nurse overheard me, discussing my guy's joke advice for "T", and for telling my guy to go over and check on "T" in an hour or so,

and wrote me up for HIPAA violation. I got in huge trouble, (for telling my guy that "T" is about to go home)

(as i should have)

and it was all rediscussed at my evaluation that year, too. Big ol file on it, in my employee file, came up every now and then, during evaluations forever after, that i had an actual HIPAA violation on file.

I felt about one inch tall. I did know better.

("T" , who came over for a dressing change that evening, had no complaint whatsoever, that i had told my guy he was being discharged,

and "T" was stunned i got in trouble, and wanted to call my boss, but, i told him that would only make it worse)

anyway, i guess the moral of the story here might be:

BE EXTRA CAREFUL, if you are dealing with super close pals as patients,

that you treat their privacy just as you would a total stranger's privacy. It's tempting to think of them the way you do OUTSIDE of the hospital, but, while they are IN the hospital, they ARE actual, official "patients" like anyone else.

[somenurse]

Did your guy already know that T was having the surgery and had agreed to check on him? I'm having a hard time seeing the HIPAA violation, too. I think the other nurse had an overly "gotcha" attitude under the circumstances.

It does bring home the point though, that we need to be hyper-vigilant at all times and not assume people will behave according to the rules of common sense. Sorry that happened to you!

after i have thought about the details more, now i recall,

(duh, sorry i didn't point this out earlier, sorry everyone)

was

that it was quite clear, by overhearing my conversations with "T"----a patient in our facility-----

THAT I HAD SPOKEN ABOUT "T" ON MY CELL PHONE TO MY GUY while on my lunch break.

THAT was big wrong thing.

[CrunchRN, ADN, RN]

What I hate the most is this need by other nurses to turn on their own instead of taking them aside and gently letting them know sl they don't do it in the future. It is one os the things I despise actually.

[Ntheboat2]

Actually, "T" was not my patient, i was restocking, and as i was refilling all the drawers in his area, we chatted. He was the patient of the charge nurse who reported me.

It has crossed my mind, if i was sometimes seen as an unwanted as an employee, as i myself am not "likable" by everyone. Some yes, some no. You know how maybe the bulk of nurses, no one really notices or has a strong feeling about, one way or the other, well, i'm not one of those nurses, i don't think. I think ppl who like me, really like me, but those who don't like me, really don't like me! It's usually not a lot, just a few who i sense do not like me, but, they always seem to be among the most powerful or influential of the unit nurses. darn!

(worth noting, i DO try to be likable, i bet most of us do, but, i seem to fall short of being liked by All, despite my best efforts)

But, my age might be yet another factor that puts me in the less desirable employee list. Who wants to pay retirement pay? Older nurses also jack up the insurance rates for the whole place.

and yes, older nurses tend to be getting more weeks paid time off per year, more accrued benefits, more pay per hour, and are, generally, more expensive employees. It's not impossible, that my being older, is yet one more factor working against me.

The Commuter had an interesting blog (one can read it if you go to The Commuter's page, is link called "My Blogs")

that i read recently, about how a nurse's "likeability" factor, can sometimes impact how long the nurse is kept on as am employee. I think how "likable" a nurse is, also might influence how that nurse is treated, too, but, who knows.

I'm the same exact way. People either really like me or they REALLY don't!

My old boss even told me that she went around asking my co-workers what they thought about me. She said, "They either thought you were just wonderful and the best thing since sliced bread....or they really didn't care so much for you." She also told me that a few people said, "I wasn't sure what to think of her at first, but I really like her now."

I've had friends tell me the same thing. They say I'm "hard to read" whatever that means. I think partly because I have a sarcastic sense of humor which a lot of people don't even get. Another reason is because I'm capable of completely disagreeing with other's opinions on things (like abortion, gay marriage, and other things people get heated about) but still loving them as a person/friend.

During this past election season, I found out that some people can't do that. I had several people stop interacting with me on facebook or just unfriend me completely just because I had posted a couple of political jokes. That's INSANE!

[Armygirl7]

Thank you for this story and reminder of how hard HIPAA can bite you!

I work in the ER and I had the grandfather of one of my son's best friends as a patient one night. He knows me, knows my son, knows his grandson is at my house frequently etc. It was soooo weird to go home and NOT say anything to my son! It took a lot of effort! And my son never said anything in the next few months like "Oh Malik told me you were his grandpa's nurse," or something like that so I was glad I never said anything because maybe the kid didn't know his grandpa was in the hospital. But it was definitely unnatural. HIPAA can really catch you unaware.

I hope this doesn't hinder your career. I agree with other posters - why wouldn't you just take your colleague aside and say something? I am amazed at the "gotcha" attitude of certain nurses.

[LCinTraining]

I'm still not convinced this was a HIPAA violation. T already spoke to your guy about the upcoming surgery, and basically made his wishes known he wanted him involved. You calling on your lunch break does not break HIPAA. You could have gone somewhere private to make that call. They don't know. His privacy could very well have remained intact. There is such a lack of understanding about HIPAA. It's not even funny. When I did inter facility transports as an EMt nurses would pull the HIPAA card and refused to give us an HandP. Kept claiming that if they told us what was wrong with said patient they would be in violation of HIPAA, well not. You refusing to give me a report on a patient who is now to be in y care is technically abandonment. You cannot release them without transferring care. In that you must give a report, or I can't properly care for said patient.

[blondy2061h, MSN, RN]

Couldn't T just call your manager and tell her that he had previously told your boyfriend about the surgery and asked you to call him and update him?

[Ginger's Mom, MSN, RN]

I would ask your chief privacy offer, if it was a true Violation this needs to be reported to the federal government. I think you made a small error in judgement not a violation.

[PacuTwo]

@armygirl7- I'm right there with you. I have taken care on my brother's MIL a couple of times for minor surgery. It makes for a weird Xmas eve when we go over there because I know, she knows and her DH know, but I have no idea who else knows. Does my brother know? Does she keep it from her daughter? Arg.

[Psychcns]

How about having T write up that he asked you to have your husband call him about the surgery and take the letter with a letter from you to your facility HR dept requesting the HIPPA complaint be removed from your file.

[BostonTerrierLover, BSN, RN]

This is such gray area, that I would have kicked, bucked, and screamed for your defense; Yes, even if I didn't "like" you! This is repugnant, and wasn't meant to cover crap like this, and I just wish someone would have been there who protects and advocates for their nurses as well as their patients, investigated your "intention," and done NO HARM- in fact you were being a nurse:) planning on someone to check on him.

This really bites, and you didn't deserve a right up. I would go as far to rehash it myself. If this many nurses feel this way, something is wrong! I would have pulled you to the side, in a non-condescending manner, and reminded you that hipaa nazis might hear you and report you to the privacy Gestapo! So so so sorry you are dealing with this. Surely someone in your facility in power has just a grain of common sense?

[08RNGrad]

From where I see it, this is not a violation. I woudl high tail it to HR and explain the situation. If this truely will stay in your file forever, you want to make sure this is a legit complaint. Don't go along with this until you get the facts. It kind of sounds like they are trying to make a paper trail on you....may want to start looking...

[littlepeopleRNICU]

I think that's silly. T was already obviously comfortable with your guy knowing he was having the surgery and when. If you want to get technical, I guess it is a violation since you didn't ask T, "can I tell him you're leaving now?", but really...I think that nurse woke up on the wrong side of the bed. It's not like T had kept this all a secret beforehand.