Please forgive my neurosis, but is this is a Hipaa violation?

BloomNurseRN, ASN, BSN, RN · Apr 5, 2015

Nope. Didn't mention anything other than a comment.

Meriwhen, ASN, BSN, MSN, RN · Apr 5, 2015

IMO, it's NOT a HIPAA violation. Approximately half of the world's population is male, so unless he was the only male pediatric patient on the unit, that's not a specific-enough identifier. In addition, you didn't disclose whether this child was even a patient--for all your mother knows, it could have been a family member visiting the unit. You also related nothing about this patient's healthcare to her.

It is good that you are cautious about what you discuss though. A lot of HIPAA violations are unintentional...but "unintentional" doesn't get one off of the HIPAA hook.

BloomNurseRN, ASN, BSN, RN · Apr 5, 2015

I'm very curious. Has something happened that has resulted in you being this nervous about HIPAA? It's a good thing to be responsible but you seem to be a bit excessive in your worry.

guest879529 · Apr 5, 2015

BloomNurseRN, you're right: I am totally in excess when it comes to my worry! That's actually something that I'm trying to work through, seek help and self-care on. I think I'm naturally given to worry, and I find that the older I get, the more worried I'm becoming. Part of this is my feeling that my work is my all-in-all -- that if I were to lose my job, I'd be sunk. Another part is the constant warnings about Hipaa that we read and are taught regularly in my workplace -- complete with the details of the seriousness of the offenses. I'm also quite stressed at work and in life, so I'm more sensitive about everything in recent years. Yes, it's time to re-calibrate, to get back to reality in all of this; and I'm actually considering a good, long sabbatical. I want to thank you for your encouragement and your perspective.

KelRN215, BSN, RN · Apr 5, 2015

It would have been a HIPAA violation if you had said this: "Mom, I was taking care of the cutest little kid today. His name is Tommy Jones, he's 4 years old, he has leukemia, he lives at 123 Main St in our town, he was admitted with fever and neutropenia and was found to have the flu so is on droplet precautions. I was wearing a mask in his room and he said..."

Cute stories can be told. I had a three year old completely shocked at the idea of me having a Mom the other day (it had never occurred to her that adults have mothers) and completely melted down when we explained to her that her Grandmother is her mother's mother. That is a cute story. I am a pediatric nurse, I cross paths with many 3 year olds every day. Telling this story doesn't violate anything.

cardiacfreak, ADN · Apr 5, 2015

If that was a hipaa violation, then almost every person on this site would be in violation. We come here to talk or ask for advice on patients and/or situations all the time. But we never post names or localities of said situation.

Libby1987 · Apr 5, 2015

Since this is an ongoing fear, try to work out *how* you violated *whose* HIPAA rights with *what* information. So far all we have is a male child who speaks, whether he was a patient was not specified.

guest879529 · Apr 5, 2015

thanks to all of you...

medicalforonevoice · Apr 6, 2015

I see your from Indiana. Being from Indiana myself and monitoring the Nursing Board, HIPPA should be important. I think allot of Nurses and Medical personnel are concerned. Did you know when the "business" takes a HIPPA hit (major fines), the person who violated that HIPPA Rule also takes the hit. In fact, could be lined up in Court, right along with the business. You go to Court, 9 chances out of 10 you'll be facing the Nursing Board. Understand, the business wants to keep being a business. If your in that ship, you'll sink so they can float. It's the nature of that beast. I'm sorry if this causes more distress for some but I would rather make an attempt to understand "the possibilities" and be prepared. Most have NO ill intent when making the HIPPA mistake. And, I get that it's a persons' job and wouldn't want to loose it, or be hauled into court to testify. Heaven forbid if you get that notice to explain to a Board when a complaint is filed, it isn't pretty. So, take a deep breath. If you have questions ask for suggestions. I always made it a habit to turn anything I was working on over if I had to step away, even to make a copy. Good Luck!

KelRN215, BSN, RN · Apr 6, 2015

I see your from Indiana. Being from Indiana myself and monitoring the Nursing Board, HIPPA should be important. I think allot of Nurses and Medical personnel are concerned. Did you know when the "business" takes a HIPPA hit (major fines), the person who violated that HIPPA Rule also takes the hit. In fact, could be lined up in Court, right along with the business. You go to Court, 9 chances out of 10 you'll be facing the Nursing Board. Understand, the business wants to keep being a business. If your in that ship, you'll sink so they can float. It's the nature of that beast. I'm sorry if this causes more distress for some but I would rather make an attempt to understand "the possibilities" and be prepared. Most have NO ill intent when making the HIPPA mistake. And, I get that it's a persons' job and wouldn't want to loose it, or be hauled into court to testify. Heaven forbid if you get that notice to explain to a Board when a complaint is filed, it isn't pretty. So, take a deep breath. If you have questions ask for suggestions. I always made it a habit to turn anything I was working on over if I had to step away, even to make a copy. Good Luck!

The state one is located in is irrelevant when it comes to HIPAA (HIPAA, not HIPPA. The Health Insurance Portability and Accountability Act). HIPAA is a federal law. It applies equally in all states and its enforcement is through the Office Of Civil Rights, a branch of the federal government, not the state's BoN.

That said, I'm not really understanding the point of your post as it is clear that nothing in the OP constitutes anything remotely close to a HIPAA violation.

medicalforonevoice · Apr 6, 2015

Thank you for the clarification of HIPAA. I'll attempt to clarify my meaning. First, it isn't my job to determine if someone has violated this Act. It's great that people can post things here and give insight or possible solutions, love it! Now, my meaning is this...insight. Here are the facts; Federal Law, yep. State entities have certain policies and rules in place, which vary from State to State. How they perceive to look at the Law and how it is dealt with once a violation has been posted, can be different. Boards have different rules and policies, varying from State to State. Just an FYI.

I can say with all honesty, that it is a concern for medical personnel. She isn't alone in feeling that way. In 20+ years, I've watched the forming of HIPPA. I also have monitored the Nursing Board in my State, month after month for 4 years and watched how the rules have changed. Thanks again for your clarification. I absolutely love looking at information and these articles that show wonderful insight. It's my job as a Nurse Advocate. Keep on keeping on!