NP discusses MJ on national TV ????

[Misslady113]

I just watched CNN and a nurse practioner(she gave her name) was on the phone giving information about Michael Jackson and what he discussed with her and what medication he was given (not by her) for his insomnia. She also talked about when she treated his kids for a cold and what she gave them. Is this legal?? What happened to patient confidentiality?? Can you just go on national TV and discuss a patient because he is dead????

[Wishinonastar, BSN]

Well technically anything a patient says to you is confidential. Remember "need to know"? Does the media and millions of the public have a need to know? No. Perhaps at this point the law does. That is about it. I don't think what she said was that bad, as I have said before. But still, we can't even say whether or not we have cared for a patient. The very fact that she cared for him was confidential. Yes, you do lose a lot of your rights once you are dead, but what she said could be in violation of her practice act and even if no family member chooses to sue, she could be in trouble. I still think that she had consent from the family, who would take a chance on speaking out about this otherwise? We have all said thngs we shouldn't have on occasion, but to the press???

[lamazeteacher]

I was watching the interview on TV, my friend was there and I told him I couldn't believe what she was saying! How is she not in trouble for breaking this confidentiality? It is my understanding that the rules of HIPAA still stand after death, and besides, we have a set code of ethics we adhere to as nursing students and nurses. Sad, she probably just wants her 15 minutes of fame.

You "hit the nail on the head"! However, you used the first title of the "privacy" bill, before predatory lawmakers, influenced by insurance company and physicians' lobbyists, changed it to HIPPA which is the law, if patients sign it. NOW, what it means, is Health Information Privacy and Portability Act. It assures that information regarding the patient CAN BE GIVEN: all doctors, other nurses, lab, pathology, pharmacy, radiology, billing, etc. in other facilities as well as the one where it was signed, law enforcement officers, courts, prisons, health departments, attorneys, AND insurance companies (so they pay only what is owed for treatment of the patient, and can have the bill for it). As you can see, it's not so much a privacy act, as an instrument for doctors, insurance companies and courts.

However, the health professionals' oath of confidentiality stands in life and in death of all their patients. Unfortunately that hasn't been legally tested in court, as any professional is told that they must answer questions they are asked in court, honestly. Newspaper reporters and other members of the media who get such a bad rap for their intrusiveness, and loose lips; and fingers on typewriter and computer keyboards, have shown greater concern for their ethical behavior than health care professionals! They have spent jail time due to their refusal to divulge names and places of information they were given in confidence.

To my knowledge, health professionals haven't challenged the court's authority at all, and have spoken freely about their patients, before and after the institution of HIPPA. Perhaps the publicity regarding the ?NP's lack of regard for her oath, will influence future discrepancies regarding the right of privacy for patients. That's why anonymous HIVab testing at health departments was created. Patients wouldn't have the test done, if there was a chance that it would appear in their caregiver's chart where insurance companies, upon seeing it there (and they do) can refuse their insurance, even when the HIVab test was negative. They assume that risky behavior makes the patient a bad risk! Other STDs patients may have had at any time cause refusal, and high premiums, too.

So in cases of health care workers' exposure to blood and body fluids, it is best to have anonymous blood tests done, wherein only a number is assigned to a blood specimen, which only the patients themselves have their number. If they give the slip of paper with the number on it, to anyone else, instead of going to get the results themselves, it cannot be given (if the health care worker at the clinic knows what the person looked like, who had the test).

It's very important that we nurses examine all laws that can effect us. :icon_roll

[Wishinonastar, BSN]

Actually it is The Health Insurance Portability and Accountability Act (HIPAA), not HIPPA.