Please help! Was this a hippa violation?

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  1. Is it hippa violation?

    • 33
      Yes
    • 7
      No

40 members have participated

A patient's employer called today stating that the patient was there with her, to start working after being given a few days off by our doctor. They want to make sure she is not contagious to their own patients. The record was faxed to the employer and now we found out the patient has been fired. The doctor told us it is not a hippa violation because of the fact that the patient had given OUR information to the employer and that is an implied consent that they can discuss her condition with them. Is it true?

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A patient's employer called today stating that the patient was there with her, to start working after being given a few days off by our doctor. They want to make sure she is not contagious to their own patients. The record was faxed to the employer and now we found out the patient has been fired. The doctor told us it is not a hippa violation because of the fact that the patient had given OUR information to the employer and that is an implied consent that they can discuss her condition with them. Is it true?

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

Wow....it doesn't matter...you needed to get written permission from the patient that you could release records to the employer. If she was right there she (the patient) should have been put on the phone and verbal consent could have been given.

I think it is a HIPAA violation for releasing the patient information without consent of the patient.

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Specializes in Med/Surg, Ortho, ASC.

HIP​AA

Consult your facility's Chief Security Officer. Different facilities view the HIPAA laws in different ways. You are obligated to conform to your particular facility's HIPAA Policies & Procedures.

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Specializes in CEN, CFRN, PHRN, RCIS, EMT-P.
A patient's employer called today stating that the patient was there with her to start working after being given a few days off by our doctor. They want to make sure she is not contagious to their own patients. The record was faxed to the employer and now we found out the patient has been fired. The doctor told us it is not a hippa violation because of the fact that the patient had given OUR information to the employer and that is an implied consent that they can discuss her condition with them. Is it true?[/quote']

This was a HIPPA violation

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This was a HIPPA violation

I agree. Without a written, signed release the information should have NEVER been handed over.

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Specializes in Med/Surg, Ortho, ASC.
This was a HIPPA violation

HIPAA

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This was a HIPPA violation

We do not have one, we are a small privately owned facility. What are the patient's options? Can we be sued for it? It was a nurse who sent the papers, can her license be in jeopardy? The patient was fired because she told them a different diagnosis than what was on the chart. The diagnosis she told them was one of the differential diagnoses the doctor counseled her about due to her symptoms.

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Specializes in Med/Surg, Ortho, ASC.
We do not have one, we are a small privately owned facility. What are the patient's options? Can we be sued for it? It was a nurse who sent the papers, can her license be in jeopardy? The patient was fired because she told them a different diagnosis than what was on the chart. The diagnosis she told them was one of the differential diagnoses the doctor counseled her about due to her symptoms.

Who monitors your HIPAA education/compliance?

How "small" is your facility?

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It's HIPAA. Read up on it. There are certain situations where personal information can be disclosed.

Learn them.

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Specializes in Leadership, Psych, HomeCare, Amb. Care.

Wow! I see no consent to release medical information in what you've described.

At at best, it'd be ok to send a statement "Ms Jones was treated in my office _______, for an illness that is not contagious to those around her, and she may return to work effective ______"

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Specializes in Pediatric/Adolescent, Med-Surg.
Wow! I see no consent to release medical information in what you've described.

At at best, it'd be ok to send a statement "Ms Jones was treated in my office _______, for an illness that is not contagious to those around her, and she may return to work effective ______"

Yeah this is how my facilities work excuses usually look. I have given information to workman's comp but only after I have had expressed permission from the pt. I have never given information to an employer, and would probably encourage the pt to pass along the information themselves

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