Reporting meds to the Police when a patient dies....HIPAA?

[tewdles]

Here's a HIPAA question for you...

Is it a HIPAA violation for nurses to report health information to State Troopers at the mandate of employer without suspicion of wrongdoing or potential harm of self or others?

[tewdles, RN]

^ there is no reason that a family needs to hold onto grandma's Ativan after she dies...what reasoning do people give you for that?

I think they should be made to destroy the drug. Should the police get involved? I don't know, seems like a waste of their time. I don't think keeping it is going to lead to drug problems or selling it, but why hang onto it at all? That's what I don't understand here.

So, the question is whether or not the mandated reporting of the information is a violation of HIPAA.

By the by, how do you make a family member destroy the meds?

[Penelope_Pitstop, BSN, RN]

So, the question is whether or not the mandated reporting of the information is a violation of HIPAA.

I don't think it is. The family members are not the patients. And having the medicines could result in harm - I think this falls under duty to report. It's obviously very different from elder abuse cases but I believe it is in the same realm.

[tewdles, RN]

Should all medications for deceased individuals in the community be reported , or just single out those who died at home ?

[Spidey's mom, ADN, BSN, RN]

Oh . . . I get it finally.

If the narcs are hospice narcs, we destroy. Otherwise, it is up to the family to destroy them but I have had families ask me to destroy narcs with them.

I don't know what the law says about what people do with their family members narcs after the family member dies.

What do people do when their family member is on long-term pain meds and then gets into an accident and dies? What happens if the spouse leaves for a world cruise and never comes back and leaves behind narcs?

Good question. Never ever even considered this.

[tewdles, RN]

I believe the hospice nurses are being required to set aside the actual HIPAA law to assist law enforcement in their desire to curb substance abuse in the community. In my view, this is not a nursing role.

[Esme12, ASN, BSN, RN]

posts moved to their own thread.

[MunoRN, RN]

In every state I know police much provide you with a search warrant or court order to require you to give information about a patient (assuming it's a patient not currently under arrest or a jail patient, and even then it's limited). While you can't actively obstruct an investigation, you're also under no obligation as a Nurse to use information obtained through implied confidentiality against a patient or others.

If police believe family members illegally possess narcotics, they are free to obtain a search warrant for those family members. It's definitely more tricky when it's your employer that requires this. Police can't take legal action against you, but your employer is free to fire you, which you can then protest. Ideally a home health/hospice employer would take the side of the ethics that their employees are bound to, although that's not always the case.

As a covered entity, your employer is required to establish policies that ensure HIPAA compliance, you could maybe argue that this is the case.

[chrisrn24]

So, the question is whether or not the mandated reporting of the information is a violation of HIPAA.

By the by, how do you make a family member destroy the meds?

By taking them. Not giving them an option to keep them.

Is a HIPAA violation? Like the other poster said, it's a family member not the person and they are in possession if drugs that are not prescribed to them.

[tewdles, RN]

By taking them. Not giving them an option to keep them.

Is a HIPAA violation? Like the other poster said, it's a family member not the person and they are in possession if drugs that are not prescribed to them.

According to HIPAA law, I believe that you are required to report if you believe that the situation may result in harm to someone.

If a family member refuses to destroy the meds, do you feel compelled to report?

Should we report all families when a patient dies and we know they had controlled substances in the home?

[chrisrn24]

According to HIPAA law, I believe that you are required to report if you believe that the situation may result in harm to someone.

If a family member refuses to destroy the meds, do you feel compelled to report?

Should we report all families when a patient dies and we know they had controlled substances in the home?

If they won't give the meds up why not? There is no reason to hang onto the meds.

[Spidey's mom, ADN, BSN, RN]

In every state I know police much provide you with a search warrant or court order to require you to give information about a patient (assuming it's a patient not currently under arrest or a jail patient, and even then it's limited). While you can't actively obstruct an investigation, you're also under no obligation as a Nurse to use information obtained through implied confidentiality against a patient or others.

If police believe family members illegally possess narcotics, they are free to obtain a search warrant for those family members. It's definitely more tricky when it's your employer that requires this. Police can't take legal action against you, but your employer is free to fire you, which you can then protest. Ideally a home health/hospice employer would take the side of the ethics that their employees are bound to, although that's not always the case.

As a covered entity, your employer is required to establish policies that ensure HIPAA compliance, you could maybe argue that this is the case.

That would be my understanding as well.

In the homes where I am a nurse, there are years and years of meds in bathroom closets and kitchen cabinets. I'm certainly not going to rummage through all the pill bottles.

We destroy what prescription pain meds Hospice brings into the home. All the rest is none of my business.

[carolinapooh, BSN, RN]

By taking them. Not giving them an option to keep them.

Is a HIPAA violation? Like the other poster said, it's a family member not the person and they are in possession if drugs that are not prescribed to them.

No, but it's danged sure theft from an estate!

I'd call the state Attorney General office and get the skinny on this. Pronto. In fact, I'd go there in person if I lived close enough to the capital. For that matter, the DA can give you law on this - as could any attorney. I'd call the state BON as well.