Need Help With A Possible Legal Issue

[LPNSue]

I am an LPN in a physician's office and have been doing this type of nursing for 8 years. I have been working in this single physician practice for 5 months. This MD has violated HIPPA regulations on numerous occasions by revealing private confidential medical info to other patients. The MD does not state names but will talk about issues like phone calls or instances that involve her leaving the room to handle while seeing a patient. The other day while having lunch with two drug reps the MD was reviewing some lab test results and essentially stated that some test results she was looking out were abnormal and that the patient is HIV positive. I was appalled and so was my co-worker that was sitting next to me. I am currently seeking a new job, needless to say, but in the mean time....do I hold any legal liability if the MD reveals info. I in no way participate in any of these discussions but I fear that just being in the room or in hearing space that I may be in trouble if someone finds out and this MD is reported. I appreciate any and all thoughts on this since I am very freaked out at this point. Thanks!

[LoriAlabamaRN]

If the doctor is not mentioning any names and the other patients/ drug reps have not seen the individual to whom he is referring, then I do not believe that HIPAA has been violated. If (as it sounds) the doctor is simply saying something like "it's sad, this lab result came back positive for HIV" but there are no names, no identifying information, no way for the other party to possible have a clue to whom he is referring, then I do not believe it is a violation. But he does need to be very, very careful.

[kids]

I believe what the doc is doing falls into one of those very gray areas of HIPAA. If he's not sharing identifiers it probably isn't a violation, however, it is darn unprofessional.

Even were it a clear and direct violation I doubt you would be legally liable.

If you haven't already done so check out: http://www.hhs.gov/ocr/hipaa/

[J Lynn]

Those discussions would make me very uncomfortable.