New grad and HIPAA question

[CTnewgrad826]

As with every floor, patients family members or friends call to find out how their family member is doing. Of course I know HIPAA laws prevent me from divulging specific information without consent but how do you respond when a family member calls and asks generally how their family member is doing? I work on a floor with a large dementia population so it's not like I can just transfer the call to the patients room to have them give the update. How have some of you dealt with this situation? Or what would your advice be to answering this question without breaking HIPAA laws?

[JustBeachyNurse, LPN]

Patient consent often includes permission to list in hospital directory and acknowledge presence, condition, unit and/or room number. How many facilities get away is most don't read consents, but many are clear about opt in or out of patient directory. The fines are great for release of information regardless if med-surg or psych. I know because we opted my father's name out of the directory and enacted limited visitors ID required. Drove certain family members nuts but kept certain nosy others at bay. The form I signed on his behalf disclosed the applicable HIPAA rules. I think at one point having opt out only was acceptable but not any more. I know psych, substance abuse and other more sensitive areas you must sign to opt in or out, if not opt out is presumed.

[MunoRN, RN]

Even acknowledging that the patient is there is a violation of HIPAA, regular floor or psych. You never know who is calling, just because he or she says who he/she is. All you can say is you can't give information to anyone about a patient (and they should know the system to get information, if they are allowed to get it).

As far as I know, the difference between HIPAA on psych vs. other floors is that the penalties for violating it are bigger on psych.

Does the HIPAA Privacy Rule permit hospitals and other health care facilities to inform visitors or callers about a patient's location in the facility and general condition?

It's only a violation to confirm a patient is in the facility in response to a request if the patient isn't provided written or oral notification that directory information will be available, which usually occurs as part of the paperwork initially given to every patient. It's up to the patient to request do-not-announce status if they aren't automatically DNA, such as acute psych admits or jail patients.

Once notified, HIPAA allows for the patient's existence in the directory to be disclosed unless that's specifically changed by the patient or by policy. Specific medical information disclosures are the opposite; the information is not disclosed except when specifically approved of by the patient or by policy.

[KYCNM]

It is sometimes the same in mother/baby, believe it or not. If a mom has a restraining order against the FOB for abuse (or worse), no information can be divulged. We ask callers to "contact a family member for information, please". [i am often tempted to add, this is not the information desk, this is the nurse's station] but I know that would cause trouble.

[toomuchbaloney]

Even acknowledging that the patient is there is a violation of HIPAA, regular floor or psych. You never know who is calling, just because he or she says who he/she is. All you can say is you can't give information to anyone about a patient (and they should know the system to get information, if they are allowed to get it).

As far as I know, the difference between HIPAA on psych vs. other floors is that the penalties for violating it are bigger on psych.

Every hospital I have worked in has a policy to acknowledge the care of the patient with a designation of status (fair, good, stable, critical, etc) which is accomplished by a nonnurse. This information excludes those who have requested to be "Do Not Publish" or patients in the psych unit.

Every department and agency that I have worked for which might receive inquiries from family and well meaning friends regarding the status of patients has utilized some sort of identifier or password to verify HIPAA appropriate conversations.