New HIPPA Law in USA

elkpark · Aug 7, 2005

There are a bunch of threads here about HIPAA regs and what different people are seeing/doing in their workplaces -- you could do a search and review them.

I hope that you're not being literal when you say that anyone who can give you the "privacy number" gets "full access to information." As you note, a person could have gotten that number from a family member of the patient -- that is NOT the same as the patient giving the hospital consent to release info to that person ...

Maybe we psych people don't see this as that big a deal because we've been much more careful about protecting clients' privileged information all these years already ... You cannot release any information about the patient that is defined by the HIPAA regs as "protected information" without the explicit consent of the patient (to release that information to that specific person). Protected info also needs to be released/shared only on a "need to know" basis even within the hospital to other hospital staff.

How does this put you in a "baaaaad position"? If it were you (being the patient), wouldn't you expect confidentiality of your medical records and personal info? Why should we do any less for the rest of the public? I'm just surprised it's taken this long for the rest of healthcare to start catching up to the psych world (on client confidentiality, I mean). :)

caroladybelle, BSN, RN · Aug 7, 2005

Hey Y'all
Just wondered if there was anyone out there with a strong reaction to the new HIPPA laws we have to deal with here in GOD'S COUNTRY.
For the furriners out there, we have a new federal law that actually makes it a felony (best as I understand) to admit to a telephone caller that I've ever heard of their loved one. It's purpose is to protect medical/privileged information. (I'm told if I give Pt information inappropriately, I could go to jail for 5 yrs and be fined thousands of dollars.)
In my hospital we assign each Pt a 4-digit "privacy number" based on their medical record number. Any caller who can give me that number can get full access to information. Without the number, I'm not s'posed to admit I've ever heard of him.
I think it sux. Too many times the Pt has gotten to my ICU, is sedated and can't be asked "Jane Jones from Cincinnati says she's you're daughter, can I tell her you're doing OK?" And the result is that family members who found out that Daddy went to surgery today after his Aneurysm burst, can't find out a thing from me until they contact their Mom or Brother to get the privacy number.
Puts me in a baaaaad positon. I hate it.
Any thoughts out there? Any better way of handling privacy matters over the water or in the Frozen North?
Yer Papaw John

Please tell me that you are kidding.

HIPAA is not new. There has been strong reaction for the past several years on it.

And the entire World is "G-d' Country". Which portion of it is across the water or the frozen North is a matter of opinion to this native Floridian. And unless one is a Native American in the USA, one is a "foreigner".

Yes, HIPAA is difficult but the law. And quite plainly, it would decrease the nurse's phone time if instituted properly. As in all phone inquiries go through the patient rep who gives the appropriate information legally permitted by HIPPA and the nurses do not have to play guessing games with silly code words/code numbers and belligerant (understandably so) family members, nor be badgered by inappropriate repeated phone calls. Instead, many hospitals, not wanting to deal with the unpopularity of limiting phone information, dump the job back on the overworked nursing staff and have them tick off callers.

A hospital that really cares about the letter of the HIPAA law would have a recordered message somewhere in the telephone system that tells callers that the staff cannot reveal X information on the phone to anyone calling in without express named authorization from the patient. And refers them to the patient rep to screen the call. No calling straight through to the floor except by the authorized person. No nurse getting jumped all over for being a witch and losing time caring for her/his patients for running to the phone unnecessarily.

Said phone system could also connect the irate callers directly to their elected representatives' office that voted for the HIPAA law. Or preferably, their home phone...day or night.

Yet with as many "Welcome to Y regional hospital...please press 1 for Department A, press 2 for Department B........" phone call roundrobins, no one will institute this policy. It makes too much sense.

zacarias, ASN, RN · Aug 7, 2005

HIPAA is often misunderstood. Nurses and other healthcare professionals don't understand the this federal law and related laws that they overly worry about what they can and can't do.

HIPAA has a couple annoying features to it but all in all, it's a not too hard to abide by if people UNDERSTAND the law.

mattsmom81 · Aug 7, 2005

Our ER or the admitting dept will get a list of people who can receive information...so we have someplace to start. Unfortunately it gets touchy when they call on the phone and we can't be sure who they are. Some nurses feel OK with recognizing phone voices...some just refuse to give any info over the phone to anybody other than 'stable', 'critical' etc. Sometimes this creates hostility...when one nurse will and another won't...

I empathize with your feelings of being caught in the middle in yet one more frustration for critically ill patients and families. Usually they calm down when I remind them their worst enemy could be calling us, saying they're someone they're not, yada yada...would they want us to just blithely give details? Then they see the logic.

But...its a good law overall and it will protect us too if we're sick...imagine the $$$ we can rake in if we find out staff have been snooping in our charts....LOL!

papawjohn · Aug 7, 2005

Hey Y'all

I am often ironic. (My MRS says I sound more like ArchyBunker everyday.)

But--to set the record straight--all my red neck ways are pure bluster and self-parody. Of course the entire planet is "God's country"! All of us are homies here!

One of the greatest most wonderful things that's happened in the USA in my lifetime is the immigrants that have visited us and joined us.

I try to make a point to tell my furrin-born friends--SINCERELY--"thank you for coming to my country. You make it much more interesting here."

For the record, I once spoke three languages (altho the last time I tried to speak German to a German Pt I found my vocabulary had deserted me) and have a Bachelors in Librul Arts.

If anyone was offended, I really really apologize.

Yer Papaw John

(who still hates HIPPA)

SmilingBluEyes · Aug 7, 2005

welcome to allnurses.com Papaw.

Feel free to browse around and participate in the many discussions going on here....if you have questions about the boards, do not hesistate to ask. The membership here is friendly, helpful and very experienced/having broad knowledge in many topics.

As for HIPAA, we all dislike it in one way or another. I think that is fair and safe to say. But it is here to stay.

mydesygn · Aug 7, 2005

Please tell me that you are kidding.
HIPAA is not new. There has been strong reaction for the past several years on it.
And the entire World is "G-d' Country". Which portion of it is across the water or the frozen North is a matter of opinion to this native Floridian. And unless one is a Native American in the USA, one is a "foreigner".
Yes, HIPAA is difficult but the law. And quite plainly, it would decrease the nurse's phone time if instituted properly. As in all phone inquiries go through the patient rep who gives the appropriate information legally permitted by HIPPA and the nurses do not have to play guessing games with silly code words/code numbers and belligerant (understandably so) family members, nor be badgered by inappropriate repeated phone calls. Instead, many hospitals, not wanting to deal with the unpopularity of limiting phone information, dump the job back on the overworked nursing staff and have them tick off callers.
A hospital that really cares about the letter of the HIPAA law would have a recordered message somewhere in the telephone system that tells callers that the staff cannot reveal X information on the phone to anyone calling in without express named authorization from the patient. And refers them to the patient rep to screen the call. No calling straight through to the floor except by the authorized person. No nurse getting jumped all over for being a witch and losing time caring for her/his patients for running to the phone unnecessarily.
Said phone system could also connect the irate callers directly to their elected representatives' office that voted for the HIPAA law. Or preferably, their home phone...day or night.
Yet with as many "Welcome to Y regional hospital...please press 1 for Department A, press 2 for Department B........" phone call roundrobins, no one will institute this policy. It makes too much sense.

One of the hospitals I worked with used a somewhat simpler process. When the patient was admitted they were asked if they would like to have privacy measures instituted. If you did not want privacy measures, all calls were directed to your room (even physicians) and the patient (or family) was responsible for giving out information. If you wanted privacy, no calls went to your room and all callers were told by the hospital operator that you were not in the hospital. It was an all or nothing deal. No calls came thru the nursing station, literrally stopped the nurse having to deal with family calls. However, it was pediatric hospital so when the kids came in there was always someone who could make that decision upon admit. Not sure how it would work with the unconscious adult with no family.

**RosesrReder, BSN, MSN, RN** · Aug 7, 2005

Welcome to the family and thanks for the post. :)

mattsmom81 · Aug 8, 2005

'If anyone was offended, I really really apologize. '

Yer Papaw John

(who still hates HIPPA)

No offense taken here at all...but welcome to Allnurses, where there are lots of opinions and someone is BOUND to take offense...LOL!

If someone is rude to you here, please report it. We try hard to keep this a welcoming place where all opinions are respected and the conversation is civil. :)

hollyster · Aug 8, 2005

Since most of the pts in the units I have worked were intubated and sedated, we only gave info to the person who held POA or next of kin or in rare cases by order of the MD. One contact person per pt. Too many crazy family dynamics. To sort out who is who.

caroladybelle, BSN, RN · Aug 8, 2005

Hey Y'all
I am often ironic. (My MRS says I sound more like ArchyBunker everyday.)
But--to set the record straight--all my red neck ways are pure bluster and self-parody. Of course the entire planet is "God's country"! All of us are homies here!
One of the greatest most wonderful things that's happened in the USA in my lifetime is the immigrants that have visited us and joined us.
I try to make a point to tell my furrin-born friends--SINCERELY--"thank you for coming to my country. You make it much more interesting here."
For the record, I once spoke three languages (altho the last time I tried to speak German to a German Pt I found my vocabulary had deserted me) and have a Bachelors in Librul Arts.
If anyone was offended, I really really apologize.
Yer Papaw John
(who still hates HIPPA)

Papaw John,

I think most of us hate HIPAA. It would be nice if hospitals instituted the law in some responsible fashion.

I regret that I was a bit terse. I am on assignment in the (not yet frozen) North of "G-d's Country" and take regular verbal garbage from the locals that seem to think that we are all biased illiterate hicks, south of the Mason-Dixon. While my coworkers know better, a few of the locals and docs haven't gotten the point.

And Redneck should not be an insult but a testament to resilience and survival.

My apoligies for my tone.

Carolina