Privacy question

[hospitalstaph]

Hello,

My spouse is currently hospitalized for a condition that is very private in nature. He had asked that NO ONE be told that he was there, in particular his family that he has a very strained relationship with. Well, he received calls today from his family, at the hospital, checking in on him:angryfire ! One of the nurses is friends with his sibling and told them. What should we do??

TL

[MAISY, RN-ER, BSN, RN]

Wow, I think that nurse needs to be reprimanded-I would definately make a complaint. While I think privacy laws have gone overboard in some respects-the nurse had no right to speak to your husband's sibling. That is his right alone to decide who knows about his medical condition!

[elkpark]

What you are describing is a blatant violation of HIPAA rules/regs. I have seen people get fired for just that kind of situation. Complain to the hospital, and you also have the option of complaining to your state agency that licenses hospitals and to the Feds.

[fultzymom]

I would file a complaint with the hospital. That nurse had no right to give out any info especially when he specifically asked that no one be told. That is like saying, "I do not care what your wishes are. I'm doing what I want to do." OOOHHHH! That makes me sooooo mad!!:angryfire

[OC_An Khe]

I believe there is a difference between medical information about a patient and whether a patient is in the hospital. Which is the case here. And did the patient request that his presence on the census not be acknowledged?

[hospitalstaph]

Well,

He talked to the charge nurse and she said that she would talk to this particular nurse. He is soo upset. Do you think that we would be over-reacting to also file a formal complaint with the hospital? I feel so bad for him.

TL

[widi96]

Yes this nurse deserves to be reprimanded. The family did not call the hospital to see if he was there, she just volunteered the information. At the hospital I work at, if you call and ask if a person is there - we can say yes or no, or that they were discharged at so and so time. We do not give out any personal information and are to transfer the call to the patient's room so that they may give the information they wish. Now this works when the patient is alert and oriented, and if they do not wish people to know they are there they can be 'blacked out' on the screen so that their name does not appear when someone calls the operator. The only ones who have access to their name would be those in direct care and the nursing supervisor. We do this alot for assault cases and things that have gotten a lot of media attention.

[hospitalstaph]

I believe there is a difference between medical information about a patient and whether a patient is in the hospital. Which is the case here. And did the patient request that his presence on the census not be acknowledged?

I see your point, however, his family did not call the hospital to inquire if he was a patient, they were called by the nurse and told that he was there and given his room number.

The way that I have always understood HIPAA, I am not allowed to disclose the presence of a person in the hospital to anyone, other than those involved in their care. So, if a friend's adult son came through the ER, I cannot tell my friend that their son was there, correct?

TL

[Jolie, BSN]

I believe there is a difference between medical information about a patient and whether a patient is in the hospital. Which is the case here. And did the patient request that his presence on the census not be acknowledged?

Simply one's presence in a hospital is protected information. HIPAA does apply here.

[neneRN, BSN, RN]

You need to call the hospital and ask to speak to Human Resources; each facility has some kind of compliance officer to deal specifically with HIPAA concerns, and they take these issues VERY seriously. I, too, have seen people fired over this. You don't know the relationship between the nurse and the charge (they could be best friends), and I wouldn't feel comfortable that this would necessarily take care of the problem.

[Elvish, BSN, DNP, RN, NP]

I was under the impression that a person's name & room # are not protected info (maybe this varies by state??) unless, as has already been said, the person had specifically asked to be "blacked out" of the system or some other way of annotation that they are NOT to have any info shared about them. I know prisoners have privacy alerts like that when they're in our hospital, and some DV victims who've asked their info be kept private.

That said, I don't think the particular nurse had any business calling the family and telling them that he's in the hospital and his room #. If he has specifically asked not to have info shared c that family member (or anyone else), then the nurse's sharing of that info does indeed violate HIPAA. It's beyond me why anyone would do that. I would kick it up the food chain higher than the charge nurse, for sure. I've seen people fired for this stuff too.

[Batman24]

It's great that you told the nurse's superior, but you need to take it further. Her superior could try and bury the situation which wouldn't be right, but not everyone does the right thing. You l need to file an official complaint with the hospital. Call Human Resources right now and they will direct you. This nurse could very well be fired.

I am so sorry your husband is upset. I really feel for him.