Old home healthcare client

Published

I took care of a lady from 2001-2006. We were very close. After I left we kept in contact up until about a year ago. Her grandson called and told me she had passed away. I was touched he did this. Is it a HIPAA violation to post on FB about her and her obituary? It’s been so long since I took care of her. I don’t work for the same company. My brother kinda said I shouldn’t so I took it down. I’m a CNA by the way. It was all in good intention. I was very sad. Thanks

It's more that it might be considered to be (or give the appearance of) a violation of someone's privacy rather than actually being a HIPAA violation.

Beyond that, it's a matter of judgment. For instance, if a family reached out in this way and provided funeral/memorial service times to you as an invitation, it isn't a violation of any kind to attend such a gathering. But if someone calls just to inform you of the death, then posting your connection with the deceased on social media might be a little different than privately attending a funeral after being invited/notified.

I am extrapolating here, because you can either use an (over-)abundance of caution or you can be more like a human being. IMO if you were going to make a social media post it would be appropriate to keep it a rather vague tribute or comment that was not linked (by way of obituary posting or divulging names) to a particular patient.

It is wonderful that you had such a good rapport with a former patient of yours. She and her family must have appreciated your care so much in order to reach out years later. ???

 

I was really touched. I did finally reach out to ask if I could use a picture of her and I with my memories and he said absolutely. I’m hoping there is some kind of service but in these strange times, I’m not sure there will be.

Specializes in retired LTC.

When you go  to post something like this on social media, who is it that you're trying to inform? Like who else may be reading your post to say 'oh I knew her' and may show up at her services?

I don't think social media is the place for this. Was there someone else who could be interested and appreciate a phone call/text? Maybe just the vaguest comment, without names or specific details, could be acceptable, but if you're questioning it, then you must be feeling uncomfortable.

It was very gracious of the grandson to notify you of her passing. You must have been quite special to her. Sorry for your loss.

On 1/30/2021 at 10:35 PM, amoLucia said:

When you go  to post something like this on social media, who is it that you're trying to inform? Like who else may be reading your post to say 'oh I knew her' and may show up at her services?

...but if you're questioning it, then you must be feeling uncomfortable.

Why does it have to be an informative post?  Most of the posts I see on social media are just people sharing their thoughts and feelings and experiences.  Yesterday I was reading a friend's facebook post that was just a picture of a dog, and the owner saying she was the best dog who ever lived in his home and he misses her even now that she's been gone for 3 years.  People posted about how cute his dog's picture is, how much they love dogs, stores about their best pets, etc.  There was a connection, even if the other posters didn't know his dog.  If people can post about their pets or even their dinner (seriously - there are a lot of food pictures on my feed), then I see no reason OP can't post about someone she cared about. It sounds like there was a genuine connection between OP and the old lady that went beyond an employment relationship.

I don't think OP felt uncomfortable or questioned the post until her brother told her to take it down and introduced that doubt.  I'm sure the brother meant well, but many people don't know what HIPAA really means, and they fear monger over innocent things.  OP didn't share any protected health information.  Even the news the lady passed on was relayed by the family to OP because OP was no longer in a position to know about the lady's health status through her job. There is nothing protected here - the obituary is literally published for the public at large to read.  

To answer your question, OP, it is not at all a HIPAA violation to post a link to the obituary along with a comment about what a nice lady she was and how sad you are to hear of her passing (obviously, you wouldn't discuss her health issues).  It's clear that you two had a genuine connection, and the family obviously values your relationship with her or they wouldn't have reached out as they did.    

Specializes in Physiology, CM, consulting, nsg edu, LNC, COB.

You shouldn’t give any info about her name, personal details, age, location, diagnosis, or treatment at all. You could say one of your patients to whom you felt particularly close recently died, you are sad, and you will miss her. I wouldn’t post the picture either, but if the family gave you permission you might.

Ask yourself these questions:

What’s the purpose or your post? To tell the world she died? The family had taken care of that.
To tell the world about your special relationship? Why? To make yourself feel better?  Or tell people about yourself? Why involve her, then? 

If you go on in nursing you will have this experience many times. You can express your feelings about an event without giving any details AT ALL about the patient. That would be prudent and respectful of the patient and family...and keep you out of HIPAA territory entirely. 
And think about your reasons for sharing anything like this where anybody can read it. 

 

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