Resident's names in a text message

LadyFree28, BSN, LPN, RN · Feb 1, 2014

It sounds like PHI that could potentially be compromised if someone could get to it; I does sound vulnerable....

bluegeegoo2, LPN · Feb 1, 2014

Regardless of HIPAA, I would take great exception to being bothered on my time for work-related issues. Leave me a note, or put in on the 24h report that charting needs to be completed. If I'm not on the clock, leave me and my couch time alone.

To address the OP's question, I do feel that it is a HIPAA issue. The sender has no control over the info once sent, and could easily find it's way to the wrong person. A spouse/parent/friend could pick up the phone and say "Hey, you didn't chart on Mr. Edward Smith today." A clear HIPAA violation. Maybe using room numbers only would be a better plan, if they insist on texting the info to you.

SleeepyRN · Feb 1, 2014

This was her exact text today (I changed the resident's name of course):

"You did not complete medicare charting on John Smith. you need to return NOW and complete." This was sent at 8:00 am. I don't even get home from work til 2am.

Not to mention I didn't even have this person as a resident. She was mistaken. I cannot STAND this ADON.

SleeepyRN · Feb 1, 2014

She also tells HR to not give us our checks if someone has charting to still complete. Ive always finished my charting except for 2 times when our system went down at the end of the shift so I had to finish the next day. On a side note, my check this week was 20 hours short, AND they still owe me for 11.5 hours from a month ago. I'm fed up, but I like most other things about my job so I don't want to leave.

Sam J. · Feb 2, 2014

It sounds like PHI that could potentially be compromised if someone could get to it; I does sound vulnerable....

What could be more vulnerable than texting anyone, anything, EVER? It will all end up on Google. Sounds like the ADON must have lost her mind to resort to such a violation of patient privacy. Seems there must be a real issue with compliance, and that's best solved before a nurse leaves the building, and before that nurse ends up the couch, on her 'own time', despite the fact that she didn't complete her work. After all, it's real possibility that when a nurse leaves, she might not ever come back- and that leaves the employer in a 'situation', if the work wasn't done. And if she didn't complete her work, her paycheck should be held, of course. Seriously, what business pays its employees that don't do their job? And that does include an ADON that can't manage staff in real time, but makes the very bad decision to manage by 'Google'.

LadyFree28, BSN, LPN, RN · Feb 2, 2014

What could be more vulnerable than texting anyone anything, EVER? It will all end up on Google. Sounds like the ADON must have lost her mind to resort to such a violation of patient privacy. Seems there must be a real issue with compliance, and that's best solved before a nurse leaves the building, and before that nurse ends up the couch, on her 'own time', despite the fact that she didn't complete her work. After all, it's real possibility that when a nurse leaves, she might not ever come back- and that leaves the employer in a 'situation', if the work wasn't done. And if she didn't complete her work, her paycheck should be held, of course. Seriously, what business pays its employees that don't do their job? And that does include an ADON that can't manage staff in real time, but makes the very bad decision to manage by 'Google'.[/quote']
Uhh, you realize that my response was BEFORE the OP responded that she was text erroneous information and the non payment information right??
The focus of the question IS does it sound like a HIPAA violation- it sounds vulnerable and a breach...I answered the question. Nuff said.
I will say, what the ADON is doing is unfortunately NOT new. I'm not supervised when there is a texting culture that has taken over...even on company phones. Some do it for a "paper trail"; I've had a supervisor (I am a supervisor) call my phone and state a pts full name, even after the question was answered and documented; stated pts full name and pt specific information on my cell phone.
Unfortunately it happens; if anything, the OP could get risk management involved (anonymously) to answer their questions to verify a HIPAA violation.

Sam J. · Feb 2, 2014

Uhh, you realize that my response was BEFORE the OP responded that she was text erroneous information and the non payment information right??
The focus of the question IS does it sound like a HIPAA violation- it sounds vulnerable and a breach...I answered the question. Nuff said.
Unfortunately it happens; if anything, the OP could get risk management involved (anonymously) to answer their questions to verify a HIPAA violation.

First paragraph: No reply other than you lost me.

Last paragraph: Nothing is anonymous. And there are penalties involved with HIPAA violations. And what the ADON is a HIPAA violation, so 'risk managemt' will have an easy solution if they are called- fire the ADON.

bluegeegoo2, LPN · Feb 2, 2014

I would image the issue with compliance is being overloaded, understaffed, and expected to complete 12 hrs worth of work in 7.5 hrs, as no OT is allowed in most buildings. Things are forgotten on occasion. Now if you will excuse me, I need to get back to my couch. :sleep:

LadyFree28, BSN, LPN, RN · Feb 2, 2014

First paragraph: No reply other than you lost me. Last paragraph: Nothing is anonymous. And there are penalties involved with HIPAA violations. And what the ADON is a HIPAA violation so 'risk managemt' will have an easy solution if they are called- fire the ADON.[/quote']
First, of course NOTHING is anonymous; I don't think anyone can dispute that and I wasn't even disputing that.
I am VERY aware of the penalties of HIPAA violations-I remember when the FIRST changes to HIPAA occurred and the first training at my employer began in the early 2000s; HOWEVER, my response is that the OP HAS to CREATE a paper trail; it starts with consulting risk management, at least in LTC. I'm not sure where you work or the policies and politics involved; but "easy solution" DOESN'T happen , at least in LTC.

NurseGirl525, ASN, RN · Feb 2, 2014

But if they are not discussing anything personal with anyone else how is it a HIPPA violation. The fact she said what she assumes is a private conversation( which we all know texting isn't necessarily) between a nurse and her boss? The big problem I see here is holding your paycheck hostage. They cannot do that. The ADON needs to come up with a better way to get her nurses compliant. I would also tell them if they don't pay you for the hours they shorted you, you are calling the labor board in your state. I would also ignore her texts and voicemails. I don't even have voicemail anymore. If its important Ty ill call me back.

SleeepyRN · Feb 3, 2014

But if they are not discussing anything personal with anyone else how is it a HIPPA violation. The fact she said what she assumes is a private conversation( which we all know texting isn't necessarily) between a nurse and her boss? .

Well for one, I am not the only one who views my texts. My family gets ahold of them. 2: I've been considering changing my phone number for various reasons (which of course I would let my work know my new number as soon as possible) but that message could be sent to the next person with that number.

I'll be quite honest and say that it ticks me off that this ADON harps on us for little things which she is often mistaken on (like texting and leaving VMs with full names, when she is actually mistaken and I didn't even have the resident of whom she is bothering me about on my time off), yet she is violating HIPAA. I want to tell her to get her own crap together before harping on us for things that are beyond our control (like the system going down for hours so we can't chart til we come in next.)

Thanks for everyone's replies. All opinions are appreciated.