I have a question.......If a nurse publicly mentions a patient's first name, but no last name, and does admit to being persons nurse on a public forum (FB) when said patient dies, is that breaking HIPAA law/privacy act? A co-worker, mentioned on her FB status RIP (pt's name given), a fb friend writes condolences, and another FB friend asks if she is going to said pt's funeral, then asks the nurse if she was her nurse, and she said "yes she was" and also made a comment that she was her "Thursday sunshine," but no last name given and no other information given wouldn't that still be violating privacy even though said patient died and nurse admitted to being said pt's nurse and the days she went to see her? I know this LPN meant well, but I can't help feel it is a violation of privacy. I had mentioned to my supervisors about said posting on FB, but said LPN is good friends with clinical director and I couldn't say anything to her for fear of retaliation (which is illegal, but somehow it would come back to haunt me). Any info here would be helpful.
4. Medical Information: What Does HIPAA Cover?HIPAA covers any information about your past, present or future mental or physical health including information about payment for your care. To be covered by HIPAA, information has to be kept by a covered entity - a health care provider, health care plan, or health care clearinghouse. This, combined with some fact that identifies you (your name, address, telephone number, Social Security number) is called "protected health information" or PHI. PHI can be oral, handwritten, or entered into a computer. This means a conversation between a doctor and nurse about your condition has the same general protections as information written on your records.
Also.....read below:
Will HIPAA stop gossip?Rumors and gossip about medical conditions or treatment are a concern to many people. This is particularly true in small communities where neighbors, friends, and former in-laws might work at the only hospital in town. Under HIPAA, access to sensitive medical information should be limited to those who have a need to know. However, no system can ever stop gossip. If you find that any of your sensitive medical information is disclosed through the grapevine, you should not hesitate to report it to the health care service and file a complaint with the HHS.
Health care providers must pay attention to accidental disclosures through routine conversation. A doctor, nurse, or technician may violate the HIPAA Rule simply by saying to a third party that they saw a particular individual at the clinic last week. That statement discloses that the individual is a patient who sought care, and both of those facts are "protected health information" (PHI) under HIPAA. The disclosure might be particularly sensitive if the physician is a psychiatrist, but the same policy applies to family practitioners, pharmacists, and dental hygienists too.
Because, she should know better! Not to mention she works for a Medicare certified company and list's her employer in her info! Well, she doesn't return calls, and I'm not about to post on her FB page that she is in direct violation of the privacy act. She does a lot more that's questionable, but this is proof. I'm not perfect but she should be held to the same standards of practice as everyone else! She signed a form that is given to each employee not to disclose pt. information! I've had many pt's pass away that broke my heart and I miss them but, I've kept their privacy!
Did you really read the HIPAA the HHS? Look, at above post, there is more than one paragraph and it's not as simple as you see. There are several pages to the HIPAA and HHS employers just skim over everything. Giving a pt's name recently deceased or alive on a highly public forum is against the law!
Because, she should know better! Not to mention she works for a Medicare certified company and list's her employer in her info! Well, she doesn't return calls, and I'm not about to post on her FB page that she is in direct violation of the privacy act. She does a lot more that's questionable, but this is proof. I'm not perfect but she should be held to the same standards of practice as everyone else! She signed a form that is given to each employee not to disclose pt. information! I've had many pt's pass away that broke my heart and I miss them but, I've kept their privacy!
We obviously don't know this person and the other "questionable" things she does. However, posters here on Allnurses couldn't even say for certain whether or not this is a clear HIPAA violation (including you since you originally posted the question) so maybe she didn't think she was breaking the rules either. Why bother posting if you already knew your answer?
Specializes in Clinical Research, Outpt Women's Health.
I feel badly for the nurse in question. She obviously cared very much about her patient. Whether or not there is a violation I think is immaterial unless someone (family) with a vested interest is upset about it.
I would consider it none of my business. I wouldn't do it myself, but I sure wouldn't try to make trouble for someone else who though they may be in the wrong technically was obviously just trying to work through his/her grief also.
I find it sad when people have to get all righteous and purist and in other peoples business in cases like this.
No offense intended OP, but that is how I feel personally about this situation.
Specializes in Med Office, Home Health, School Nurse.
I feel badly for the nurse in question. She obviously cared very much about her patient. Whether or not there is a violation I think is immaterial unless someone (family) with a vested interest is upset about it.
I would consider it none of my business. I wouldn't do it myself, but I sure wouldn't try to make trouble for someone else who though they may be in the wrong technically was obviously just trying to work through his/her grief also.
I find it sad when people have to get all righteous and purist and in other peoples business in cases like this.
No offense intended OP, but that is how I feel personally about this situation.
I can see why some would share these feelings, and I completely understand. It still seems to me that she definitely crossed the line with what she posted, even though mentioning the name isn't an actual HIPAA violation, it is more than I would have even considered putting on FB. Had she been the nurse for one of my family members, I would probably be legitimately upset if I saw it on FB. But that's just me...As for reporting her, I agree that that was probably a bit much, however, we don't know what has happened prior to this incident, so I can't say that the OP was or wasn't justified in reporting this behavior.
My feelings regarding this nurse is irrelevant, facts are the facts. It's a huge public forum! She's been in the health care field long enough to know about keeping pt. information private despite how she feels about her patients. Like I mentioned, she doesn't return calls and posts whatever she feels like. If I truly wanted her to get into trouble I would've just reported her to the state board of nursing with the links to her public page naming her pt's name! I understand where you are coming from I truly do, AI don't want her to lose her job, I want her to be held to the same standards as the rest of us. Don't post names, circumstances or where you work and everything should be alright! who's to say someone else didn't see the info first and make a complaint. she needs to be held accountable just like the rest of us would be. why should her behavior not be addressed? I take privacy very seriously in the public forums and so should you.
Hippa states you violate if you give out "Health information" which the FB poster did not. As another poster indicated the obits will tell you the name and often where they died such as at Any Hospital USA. If she had posted why the patient died then yes a Hippa violation. Do I think it was an appropriate post? No! But I do not think she could be found guilty of a Hippa Violation .
Specializes in Clinical Research, Outpt Women's Health.
See, this is where we differ greatly. I would just ignore it and live and let live. If it is on a public forum it will probably catch up with her, but who am I to bring that trouble into her life.
If it was a living patient that she was reporting medical stuff about that would be different and I would report it to the appropriate person. I am talking gossip type stuff.
Different strokes.......
Back in the day i think this would have been called being a busybody....
That's fine, but you signed up today and this thread was your first post. Posting a question like this when you really weren't looking for our advice at all makes us question your intentions.
klone, MSN, RN
14,857 Posts
What does that mean?