Please help! Was this a hippa violation?

[rn865]

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?

[rn865]

Who monitors your HIPAA education/compliance?

How "small" is your facility?

6 doctors altogether but just one doctor per day. Less than 10 employees excluding the doctors, most are prn.

[heart_and_hands]

Yes that sounds like a violation. Releasing information that detailed requires actual signed consent forms, not someone's opinion of what constitutes "implied consent". Does everyone in your facility retrain on HIPAA every year? If not, might be time to look into that. Sounds like you have a better sense about violations than the doctor!

[Esme12, ASN, BSN, RN]

6 doctors altogether but just one doctor per day. Less than 10 employees excluding the doctors, most are prn.

Doesn't matter how small you are....if the patient sues....the practice, and the nurse, was wrong.

The nurse/practice shared confidential information without the expressed written permission of the patient.

VIOLATION

[liberated847]

HIPAA

Lol darn auto correct, thanks for the correction.

[nurseprnRN, BSN, RN]

HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA HIPAA

More details needed--

If someone being treated for a contagious condition needs a return to work note from a physician, this is not a HIPAA violation, if properly worded. Someone gave a good example above. If whoever it was sent other information (especially without knowing where it was really going or to whom, like a random fax machine or email) then problems may occur.

Are there indications that problems will occur? Has someone started using the V (violation) or S (sue) word yet? If not, sit tight, and let this be your wake-up call to teach the staff about HIPAA and put some protocols in place for this sort of thing.

[mama.RN]

Yes. A note stating that pt does not have contagious condition and can resume work could have been faxed after obtaining a signed auth. No need to share dx or anything else, none of their business. Cannot rely on third party regarding whether pt has given consent for information or records to be released.

[Jory, MSN, APRN, CNM]

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?

Written consent is required and the physician is incorrect. First of all, you don't know that the patient gave them the information...the employer simply could have just known which doctor's office the patient went to.

Not that this has anything to do with HIPAA, but the employer cannot require copies of your medical records if you have been cleared by a physician to work. The employee has the right to be treated and to maintain privacy.

[toomuchbaloney]

I am sort of shocked that this is even a question.

How would you feel about your medical provider office faxing your medical records to your employer without a signed consent from you?

What if your medical records indicate that you have a medical condition that your employer is not aware of, lets say Hepatitis C or AIDS?

Like other participants in this thread, I wonder if your employer requires annual training on HIPAA?

[Ella26, BSN, RN]

I voted wrong I meant to hit "yes" this is a HIPAA violation, the employee was to give written patient consent to have their record faxed to employer.

[I<3H2O, BSN, RN]

I cannot even get a copy of my OWN medical record without signed consent and a picture ID. Of course this was a HIPAA violation!

[jadelpn, LPN, EMT-B]

It depends on if the patient signed a general consent at time of visit that gave permission for the office to give out the medical record to the employer. Especially if it was a workman's comp thing, or something infection control would report. And if a patient really reads the consents they sign, it does sometimes have a provision for disclosure.

To put a spin on things, it would be interesting if the "differential diagnosis" that the patient in question was fired over would be something that accommodations could be made for, is a protected class....

And as yet another spin on things, if this was a medical facility not only is there some hiring paperwork that gives consent to obtain medical information, if there was not, it could be put on the person who made the possible illegal request for medical documentation from the md office to begin with.

Lots of depends on, however, if this patient got fired over a medical reason, then I would think that most people would not just say "ok, then" and leave it at that....

[FerRN]

Employers are sneaky and sometimes unethical. The only reason to ever release any information is if the patient personally requests it.

My mom called out sick due to chest pain and ended up having a heart cath. Never telling her employer where she was hospitalized. The HR person ended up being patched through to my mom's room, she fished around and probably called each hospital to check up on her story, rather than calling her cell phone. Keep in mind my mother is retired and has a part time minimum wage job, and no personal relationship with HR.

Bottom line is that no one but the patient has authority to request and receive any information.