Prison nurse worries they violated HIPAA

Dear Nurse Beth Advice Column - The following letter submitted anonymously in search for answers. Join the conversation!

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I work in NYS Prison. I was discussing an inmate with our office assistant when there was another employee present who no longer works in our office. I felt worried after that I had violated HIPAA. I made my supervisor aware. But I feel bad..I've been in a HIPAA situation before and I NEVER want to go through that again. So now I'm super worried about it all the time.

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Specializes in Tele, ICU, Staff Development.

It's understandable to feel worried about a potential HIPAA issue, especially given your experience. Your concern reflects your commitment to privacy and doing the right thing. Reporting it to your supervisor was a responsible step.

Clarify the facts of the situation. Determine if protected health information (PHI) was disclosed to unauthorized individuals during your conversation about the inmate with the office assistant and a former employee.

Consult your facility's HIPAA or privacy officer to confirm if PHI was exposed and if mitigation is needed (e.g., retraining, log reviews, or notices). They can determine if it was a near-miss, potential breach, or confirmed breach. An official determination will alleviate worry and ensure proper steps were taken.

Maintain a personal record of the event. Document who was present, what information was discussed, where it occurred, what you said, the date, time, and any follow-up actions taken (e.g., reporting to supervisor, security measures). Review the steps you took and plan what you would do differently next time.

Moving forward, adhere to the minimum necessary rule: share only the information required to perform your job. In busy environments, use indirect conversations or private spaces to avoid exposing sensitive information. If unsure about a conversation's appropriateness, pause and relocate to a private space.

Consider a refresher course on HIPAA. Review your initial orientation materials as well.

To manage anxiety, limit rumination by allocating a specific time each day (e.g., 15-20 minutes) to review privacy concerns, preventing it from consuming your entire day.

If intrusive thoughts persist and disrupt sleep, concentration, or daily functioning for an extended period, seek support from a qualified professional (employee assistance program, counselor, or clinician).

Best regards,

Nurse Beth

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