Need Advice, please help! (HIPAA)

Nurses General Nursing

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Specializes in Geriatrics, Wound Care.

I really hope that you all can help me with your opinions/professional knowledge on this topic:

I am a nurse in a LTC. I have been caring for a particular patient for the past year. During this time her family has been very involved and has had a hand in all of her care, decisions, finances, etc. She is her own responsible party, but I believe her son has POA. She has never had any problem with her son and daughter in law having a hand in her care, and has in fact, encouraged them to advocate for her.

She was recently discharged to home. She is now living with her family down the street from me. As you can imagine, we have all developed a good relationship and so I thought nothing of her daughter stopping by yesterday to say hi and update me on how she is doing at home. She asked me about some labwork we had been waiting for, stating that the home health agency needed it and no one at the facility had updated her when she called. I told her that to the best of my knowledge there had been a snafu (an error on the part of the nurse/facility) and that she should perhaps either ask it to be repeated by home health or she could call me on my next day on and I would look into it. She thanked me, we chatted some more, and she left. I completely forgot about the encounter.

I got a call from my boss last night, and she very rudely informed me that I had violated HIPAA. She told me not to come to work for the next 3 scheduled days and to come sign my write-up when I returned. I didn't say much on the phone because I was baffled. Here was a patient who was no longer our patient, and I gave information to the very same person that we gave all information to every day for the past year. I believe that she was upset because she got called out by the family for letting the ball drop on the labwork. Her tone and the way she spoke to me said "retaliation" rather than actual concern for the situation.

I am not trying to give too much info here, but from this can someone please tell me if I was in the wrong? At this point, I have no intention of signing the write-up, but I fear for my job. All opinions are welcomed!

Thanks!:cry:

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Specializes in Day Surgery, Agency, Cath Lab, LTC/Psych.

Ouch. I think that was overkill to be written up and suspended for 3 days.

However, it is important to remember when you are off the clock you should be off the clock. People come up to nurses all the time asking for medical advise. What does this lab mean? Do you think I should take this pill? Do you think I really need this surgery? Why do you think I need dialysis? The questions go on and on. Unless you are caring for the patient you really shouldn't be offering any professional advise or help. I usually recommend that the person ask their doctor. I don't at all mind being a listening ear, or offering general information about medications or treatments--but I don't give out advise or recommendations. This is a legal area that can get a person into hot water.

Sorry this all came back to bite you. I really think your manager overdid her response to this situation. But, in the future you might need to be more cautious about continuing to provide a professional relationship with a person who is no longer your patient.

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i am not sure what the problem here was, did you give out the info from the lab?? or did you just promise to check on the status

even if the son had poa this would not cover the wife...the lab results should have been forwarded to the home health though i would think that they would have had a draw done themselves..

sorry that this happen to you, i know that this won't look good on your work record and three days of pay isn't easy to do without

chalk this up to a learning experience

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Specializes in Community Health, Med-Surg, Home Health.

I agree with Dolce. If there is a snafu with the labs, the doctor should be the one to explain it and reorder if necessary. I also think that the woman went on overdrive, but you really have to be careful about what information is shared once the nurse-patient relationship is terminated. General stuff, yes, but labs, diagnosis, treatment, etc ...should be left to those that are continuing her care. In addition, you wouldn't know if the status of the relationship between the ex-patient and the daughter is right now. What if the patient decided that she didn't want her daughter to know before she did? Or if they had further questions, or worrying about the snafu that happened with the labs?

I am sure that we have all made mistakes when interacting with patients-it is a human condition. We have to learn where to draw the line, that's all. I wish you the best of luck and hope that this is all that happens regarding this situation.

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Specializes in Geriatrics, Wound Care.
i am not sure what the problem here was, did you give out the info from the lab?? or did you just promise to check on the status

even if the son had poa this would not cover the wife...the lab results should have been forwarded to the home health though i would think that they would have had a draw done themselves..

sorry that this happen to you, i know that this won't look good on your work record and three days of pay isn't easy to do without

chalk this up to a learning experience

I didn't give out any info such as lab results, I just told her I would look into it if she called me and reminded me. I felt that what I shared was general info, i.e., I don't know if it was completed, vs. specific info, such as actual results.

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I didn't give out any info such as lab results, I just told her I would look into it if she called me and reminded me. I felt that what I shared was general info, i.e., I don't know if it was completed, vs. specific info, such as actual results.

your supervisor's reaction didn't make any sense, how did she find out about a casual visit, before you sign any thing make sure that you explain in detail about what went on

this has the potential of endangering your license if this gets sent to the BON make sure that all the information is out there

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Specializes in ICU/Critical Care.

Three days of suspension is a bit much. My advice would just be to not get anymore involved with the patient and family other than to say hello.

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Specializes in Geriatrics, Wound Care.
your supervisor's reaction didn't make any sense, how did she find out about a casual visit, before you sign any thing make sure that you explain in detail about what went on

this has the potential of endangering your license if this gets sent to the BON make sure that all the information is out there

She found about her visit because the daughter in law called the facility to ask what was going on with the labs. Apparently they either never notified her of a problem or gave her the run-around about it on discharge.

I believe this was the reason for the harsh reaction towards me...my boss got caught letting the ball drop, or possibly in an outright lie.

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Specializes in LTC, Disease Management, smoking Cessati.
i really hope that you all can help me with your opinions/professional knowledge on this topic:

i am a nurse in a ltc. i have been caring for a particular patient for the past year. during this time her family has been very involved and has had a hand in all of her care, decisions, finances, etc. she is her own responsible party, but i believe her son has poa. she has never had any problem with her son and daughter in law having a hand in her care, and has in fact, encouraged them to advocate for her.

she was recently discharged to home. she is now living with her family down the street from me. as you can imagine, we have all developed a good relationship and so i thought nothing of her daughter stopping by yesterday to say hi and update me on how she is doing at home. [color=yellow]she asked me about some labwork we had been waiting for, stating that the home health agency needed it and no one at the facility had updated her when she called. i told her that to the best of my knowledge there had been a snafu (an error on the part of the nurse/facility) and that she should perhaps either ask it to be repeated by home health or she could call me on my next day on and i would look into it. she thanked me, we chatted some more, and she left. i completely forgot about the encounter.

i got a call from my boss last night, and she very rudely informed me that i had violated hipaa. she told me not to come to work for the next 3 scheduled days and to come sign my write-up when i returned. i didn't say much on the phone because i was baffled. here was a patient who was no longer our patient, and i gave information to the very same person that we gave all information to every day for the past year. i believe that she was upset because she got called out by the family for letting the ball drop on the labwork. her tone and the way she spoke to me said "retaliation" rather than actual concern for the situation.

i am not trying to give too much info here, but from this can someone please tell me if i was in the wrong? at this point, i have no intention of signing the write-up, but i fear for my job. all opinions are welcomed!

thanks!:cry:

did you actually shared private medical information with this woman? or did you just say you would check into where the lab information was or if the labs were done? i'm confused as to how it violated hipaa?????

:confused:

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She found about her visit because the daughter in law called the facility to ask what was going on with the labs. Apparently they either never notified her of a problem or gave her the run-around about it on discharge.

I believe this was the reason for the harsh reaction towards me...my boss got caught letting the ball drop, or possibly in an outright lie.

Some of these NM get As for passing the buck don't they? If you were speaking in generalities I can't see the problem-but its your word against that of a family member-since you were in your home, and then that of the NM since she talked to family already-and she's already hub you out to dry, the NM that is. Lesson learned, all you can do is tell your side-hopefully she has cooled off a bit by then. Hope it works out for you.

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Specializes in Emergency Dept.

Sounds to me like you did nothing wrong. She can't very well write you up for HIPPA if you gave out no personal information. And stating there was a snafu in your lab / with labs being drawn is not personal information.

Good Luck!

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Specializes in Cardiac/ED.

I agree with everyone else...what info did you give out? You might have violated company policy about speaking of interdept. problems...kind of letting company secrets out and your supervisor doesn't understand the difference and just called it HIPAA...You informed them that a problem might have occurred in the lab that could have effected the delivery of results but not the results themselves...hmm...sounds like they have egg on their face because they did not own the possible error earlier.

I would print out a copy of the HIPAA policy and take a copy with you and have them point to the area of violation and explain it...I would also review your policy manuel and see if it has anything about talking about company problems outside of work...no policy no problem.

good luck and be strong,

P2

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