Patient accuses me of HIPAA violation

[BSNbeauty, BSN, RN]

Patient and I are having a convo at the staff elevators. No one is insight. Patient states she wants to go home ASAP. I asked if she had passed gas yet. Next, thing I know she reports me saying I did a HIPAA violation. I was completely shocked. Hope this doesn't go anywhere.

[BuckyBadgerRN, ASN, RN]

IF you're serious about this (who asks someone in a hallway if they've passed gas?) it doesn't sound like a HIPAA violation to me. But I'm not an expert.

[Pangea Reunited, ASN, RN]

I don't see any violation. And I'm guessing the same patient has made other frivolous complaints.

[TheGooch]

(who asks someone in a hallway if they've passed gas?) .

The OP?

[itsmejuli]

Hmmm doesn't smell too good

[akulahawkRN, ADN, RN, EMT-P]

I don't see any HIPAA violation. The patient initiated a discussion about wanting to leave ASAP in a basically public place. That means that the patient chose to have that discussion in a place where it can be overheard by anyone and any release of information is done at the direction of the patient under those conditions and situation. That's very different than a healthcare provider (at any level) initiating that discussion in the same place. In effect, that patient gave their implied permission to disregard HIPAA during that specific conversation because the patient chose not to have that conversation in a private setting.

Just about the only thing I would suggest for the future is next time, you should confirm with the patient "are you sure you want to have this conversation in public?" That should put the responsibility for any medical info release squarely on the patient. Then after that kind of discussion, you should document it.

[SoldierNurse22, BSN, RN]

Unless you asked her to verify her SSN, DOB, full name, mother's maiden name etc in the elevator while asking if she passed gas, all you did was ask her a personal question that she brought up in a public place.

If asking if someone passed gas is a HIPAA violation, my coworkers have violated HIPAA numerous times over lunch in the DFAC.

[Emergent, RN]

It sounds like the patient has been reading too much disinformation online, and watching too many lawyer ads on TV. Is she next going to demand a cash settlement from the hospital?

[psu_213, BSN, RN]

We have a section of our ED that only has curtains between the "rooms." You can hear everything from the next bed space. This includes discussions of the pt's bowel (and gas passing) habits. And you will also hear the pt's name/DOB/etc. thrown around.

As mentioned, suggest to the pt she go back to her room before you have the discussion. Definitely agree she has been reading too much silliness online and since she was so quick to accuse you, and perhaps she was trying to set you up.

[BSNbeauty, BSN, RN]

I don't see any violation. And I'm guessing the same patient has made other frivolous complaints.

How did you know? This patient has reported almost every nurse that cared for them.

[BSNbeauty, BSN, RN]

I don't see any HIPAA violation. The patient initiated a discussion about wanting to leave ASAP in a basically public place. That means that the patient chose to have that discussion in a place where it can be overheard by anyone and any release of information is done at the direction of the patient under those conditions and situation. That's very different than a healthcare provider (at any level) initiating that discussion in the same place. In effect, that patient gave their implied permission to disregard HIPAA during that specific conversation because the patient chose not to have that conversation in a private setting.

Just about the only thing I would suggest for the future is next time, you should confirm with the patient "are you sure you want to have this conversation in public?" That should put the responsibility for any medical info release squarely on the patient. Then after that kind of discussion, you should document it.

I offered to have this discussion in her room and the patient refused. Looking back, I wish I would have never discussed anything with patient at that particular time and place.

[psu_213, BSN, RN]

How did you know? This patient has reported almost every nurse that cared for them.

Well, my guess is if they are so fast to yell "HIPAA" then either they have a ax to grind or they are just looking to get people in trouble. This is something that should be passed on informally in report: "be extra careful when you talk around this person...they have a habit of claiming everything is a HIPAA violation."