Questionable privacy violation on public forum?

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.

Thank you.

It is a violation if the nurse also has her facility/unit on her Facebook page.

One wouldn't have to look further than the obituary to match the two up.

Example:

Jane Doe, RN...works in the Cardiac Unit at Memorial Hospital and posts that Susie RIP on March 14th.

Obituary has ONE Susie that died at Memorial Hospital on March 14th and the obituary goes on to list all of her family information.

Now, everyone on Jane's Facebook page knows that Jane took care of Susie Smith, who her family is and where the funeral is taking place and that Jane was her nurse...all because Jane posted it on her Facebook page.

Our facility has had employees fired for posting less information than what you described.

Yup, CLEAR HIPAA violation.

PS: What would be even worse is that in smaller towns, "friends of friends" are more far reaching than you could imagine...is if that nurse posted the death before extended family members heard about it and knew there was a Susie in their family in the hospital. Jane probably wouldn't have a job if that happened.

Because I wanted to.

Well that's a mature response.

If you already knew the answer, I don't understand what the point of this thread is.

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 .

Not true..please view my post.

Release of ANY information, including the fact that a patient died, is a HIPAA violation..I am sure that the family did not authorize her to announce her patient's death.

Did she give out medical information though? Death is a matter of public record.

Only AFTER it has been RECORDED with the coronor...before that, the release of that information belongs to the family.

That is why every Tom, Dick and Harry cannot call the hospital to ask if such and such died.

Unless the nurse is the coronor and has recorded the information, she has no authority to release the information.

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.

Report her to the Board of Nursing ?? Really, have you talked to your Hippa officer at your facility?? Perhaps you should.

That fact that you would let this go concerns me, b/c if you let this go, then you might let other things slide as well, and what does that say about your standards of practice?

I didn't say that I would let it go. But the FIRST thing I would do is talk to the person, not immediately go to her superior (or the State BON, holy overreaction, Batman). It's called going up the chain, and in any conflict resolution class or inservice we've all taken, it's recommended that you talk to the person with whom you're having the conflict FIRST.

It's quite obvious that you have an ax to grind with this person, and just want to see her get into trouble. You're dismissing everything anyone else says that wasn't a pat on the back or complete agreement with you.

Whatevs.

I think it is a violation, because as mentioned earlier, you have the patient's first name, the patient's nurse, the facility, that the patient died. YOU COULD EASILY LOOK IN THE OBITUARY IN THE NEWSPAPER AND FIND OUT THEIR LAST NAME TOO! That nurse did violate HIPAA.

Here where I live, nine nurses took pictures of a patient's genitals, posted them on Facebook. Although they cropped/removed the patient arm bracelet from the picture (his hand was on his thigh, patient was comatose), they did mention first name and the facility. Additionally, they regularly discussed the goings on of a particular shift and mentioned the floor they worked on. They were fired and are being investigated for HIPAA violations.

Just goes to show that one should never mention anything on FB. Too dangerous.

JE

I'm not trying to be a righteous purist, but facts are facts. I've lost many a patient too! I kept their name confidential. I'm sure I am not the only person on here to go tattle, if I am well...that's my business, but I understand the stone throwing but I don't understand the blatant willingness of people who break laws, I take nursing very seriously, I'm not in it for the money, I'm in it to help people, heal people, and I abide by those law. Like I said before, she knows putting a patient's name and the days she went to visit is a violation of privacy.

As for not wanting to make trouble for others, I don't like doing that either but, sometimes those things happen. Yes I know I look like a tattle tale, but if officials were to see that posting the company would be investigated and fined seeing as the company is medicare certified and would definitely be held to the standards of practice that were put in to law. I like my job, I try to do right by my patients, there are times when we all have bad days, and I didn't post this nurse's name, place of work let alone the patient's name. That fact that you would let this go concerns me, b/c if you let this go, then you might let other things slide as well, and what does that say about your standards of practice?

Your not a righteous purist, but you question others standards of practice and how "I take privacy very seriously". Just read your above post. I'm sure you have never made an error either. Everything you just described paints the picture of a righteous purist. If your in nursing to heal people and are not in it for the money, why are you working and not volunteering all your time to the sick?

I also question your true motives here, but you seem to already have your mind made up. Report her to your manager and then let the facility deal with it. Why keep coming to a message forum to get a bunch of strangers to try to agree with you. I personally think if you "take privacy very seriously" then you would have approached this person and discussed your concerns. You don't have to post it on the FB wall for everyone to see, you can simply send her a message.

No one is knocking you for standing up for your patients. It's the way you went about it. You asked for opinions, and in some of our opinions, your approach to this incident was unprofessional and immature and there were better ways to address it.

Your definition of "personal attack" and my definition of "personal attack" are vastly different.

Of course, I cut my internet teeth on 4chan, so it's quite possible that my skin is just a bit thicker than yours.