reportable cases in the ER

Specialties Emergency

Published

Specializes in ER, Med-surg, ICU.

I was told yesterday at work that we cannot report MVC's to police and that if the police call to ask if somebody who was suspected of being in an accident is in the ER, we cannot tell them. The ER director said that it is a violation of HIPPA.

I thought it was the law that we report these kinds of things.

Does anybody know what is the right thing to do?

Thank you in advance..:

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Specializes in ED, ICU, Heme/Onc.

At least in my state, the responsibility is with the participants of the accident to report it to the police (Officer O'Myacin gave me this tidbit), and that anyone else is not obligated to report it.

As for the police calling or stopping by to see accident victims, it's a straightforward issue. When a regular person comes into the ER and asks to visit a patient, we are allowed to tell them that they are in the ER and point them in the direction of the patient's location unless the patient specifically requests to remain anonymous. So why would this be different if the visitor in question is a police officer? The only thing that you would do differently than with a non-law enforcement officer visitor would be to call security to notify them that the officer is carrying his weapon. It's a violation if you give the officer details pertaining to the patient's history and injuries without the patient giving consent or a court order. You can't say "that drunk guy? his BAC was WAY over 300!" But you can say, Mr.X is in room 5.

I'd double check with risk management and see what their official position is on this one.

Blee

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Specializes in Cardiac, ER.

I'm not sure if reportable cases vary from state to state or not. I'm in Missouri, and MVC's are NOT reportable. Thank goodness, what a mess that would be! We are required to report gun shot wounds, child/elder abuse, dog bites, and many STD's.

Now,..as far as if law enforcement calls and specifically asks about a pt,.HIPAA does allow me to report if a person is there in the hospital or not. Often times the police don't have a name. We are not allowed to give them names, and yes management states that we can not say "yeah we have a 37 yr old male, Hispanic, blue tee shirt, jeans, ear ring in L ear, that has severe facial injuries from a MVC". That said, the police usually have ways of finding there man.

This kinda bothered me when I first started working in the ER. If I thought that a man in the ER had just left the scene of a fatal MVC, I felt it was my duty to say something. I have since decided that I am a nurse. I'm not a police officer. I am there to take care of my pts no matter what. I can't do everyone's job and I can't save the world. Again, the police almost always get the info they need.:rolleyes:

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Specializes in ED staff.

I'm not sure how the law in Alabama reads for MVC's, we report assaults and any abuse of course but I've never called the cops to tell them about a car accident unless the family asked me to do so. And now that I think about, I won't do that again. Sometimes I really hate HIPPA.

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HIPAA defers to state law in regards to this situation.

http://www.hhs.gov/hipaafaq/permitted/law/505.html

To report PHI to law enforcement when required by law to do so (45 CFR 164.512(f)(1)(i)). For example, state laws commonly require health care providers to report incidents of gunshot or stab wounds, or other violent injuries; and the Rule permits disclosures of PHI as necessary to comply with these laws.

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Specializes in ER.

Only stabbings and gunshots are reportable. In cases of assaults and mvc's if the pt wants to report we will call the police for them.

Of course in child abuse is mandated reporting as well, forgot about that one.

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In the state of Oregon we are required by state law to report any DRIVER of an MVC who is under the influence. Or if the MVC is used as an assault (i.e. trying to kill someone with their car). Otherwise MVC are not reportable.

We live in a small town and the cops pretty much come straight to the ER after a crash and walk right back to the room. They're never hard to find.

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Specializes in Emergency Room.
Only stabbings and gunshots are reportable. In cases of assaults and mvc's if the pt wants to report we will call the police for them.

I'd be careful, this might be state specific. Where I work (TN), we have to report an assault of any type. The pt is not required to actually make a report, but the hospital is obligated to let the local PD know so that they can come and talk to the patient about it.

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Specializes in Emergency.

Generally MVC's that cause injury are required to be reported to law enforcement by the people involved. Even if not mandated by ones particular state I would think you would be covered from a HIPAA violation if you call as you would be preventing the furtherance of a crime i.e. the non-reporting of a personal injury accident.

As it is where I practice we are required to call on everything except sexual assault unless its a minor or requested.

Rj

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Specializes in Emergency Dept, ICU.

I would agree that it is odd how stabbings and shootings and STDs are reportable, but now days domestic violence is being termed as "encourage the party to call the police ONLY"

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