Published Jul 16, 2010
dcox1000
4 Posts
Completing clinicals for RN-BSN program in the operating room. I'm having an issue regarding privacy, even a possible HIPPA violation. Patients are placed in a pre-op "room" actually it is a large room divided by curtains. Patients and family members are able to hear everything going on around them. So when the intraoperative nurse and anesthesiologist confirm the patient'd dx, procedure and past medical hx with a patient there is nothing to prevent other patients and family members from hearing whats going on.
nneokill175
222 Posts
I guess all hospitals are different =\. The one I rotated at, was very private. But I wasn't really interested in that.
Good Luck on your Journey!
ps. i thought you were saying that they had multiple operations in one large room that's divided by curtains, lol. would have been fun to see.
Boog'sCRRN246, RN
784 Posts
So it's not much different from a patient being in a semi-private room up on the floor...
DayDreamin ER CRNP
640 Posts
It is HIPAA by the way.
Interesting issue. Maybe the powers that be are ok with the situation thinking that because the room is so big and the curtains do offer some privacy. They may also feel that there is a lot going on in and around the room that other patients and his or her family aren't really focused on what is said in Curtain Number 3. Hard to know for sure. Have you asked your clinical teacher about it? I'm sure there is a pretty good explanation.
Of course, in PACU, the patients are usually so drugged that they don't remember a thing so they may not worry about any potential violation.
You are going to have to find out and let us know!
m
jjjoy, LPN
2,801 Posts
HIPAA doesn't require that no one ever possibly overhear anything ever. That would inhibit timely and efficient medical care. If it's reasonable to move or speak more softly, then one should do so. But you aren't breaking the law if someone on the other side of the curtain might be able to hear what's being said. HIPAA explicitly addresses this issue. I don't have the references right here, unfortunately. Don't trust me on that, though. Look into it yourself!
Thank you Keepermom. I probably won't ask because I also work at the facility recovering open hearts and all other ICU cases. I know I would feel uncomfortable as a patient. Central lines and some foleys are being placed in these rooms as well.
jjjoy I have provided you a link to the HIPPA Privacy Rule. I have been an RN, CCRN for 10 years. Protecting the privacy of patients is always a high priorty any violations results in heavy fines!!!
http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf
I don't think I would be very comfortable either. I would still ask just from a patient's perspective. It may be an issue they haven't considered in the past. I know that in our PACU, it is a large room like you described and just divided with curtains. Of course, these patients are still very drugged and probably aren't coherent enough to even care but still.
I forgot about the rules as Joy explained them but it makes sense.
It definitely makes me think about caring for the patient in a semi-private room and in a large room PACU situation. Interesting indeed.
meredith
Results of a quick and dirty search on-line below... just for discussion purposes, let me say I do think health care providers should protect patient private information but to not allow ANY possible incidental overhearing of info would incur too high a cost, I think, both in terms of finances and clinical efficiency. In a perfect world, we could have it all all the time... affordable & efficient with perfect privacy; but it's not a perfect world.
Copied from Oral Privacy and HIPAA: We Really Need to Talk
What Does the Rule Say?
In an effort to clarify these provisions, HHS amended the privacy rules in August 2002 and published guidance on December 2, 2002, which further explained the oral communication provisions. The new rules explicitly permit an incidental oral disclosure that:
- cannot reasonably be prevented
- is limited in nature
- is a by-product of an otherwise permitted use
HHS clarifies that the privacy rule is not intended to stop healthcare providers from talking to their patients or with each other and reestablishes that the primary consideration of all healthcare providers must be the appropriate treatment for their clients. The privacy rule does not require that healthcare facilities be retrofitted to provide sound proof or private rooms. However, they are required to provide reasonable safeguards to protect PHI that is communicated orally. “Reasonable safeguards” are understood to mean that covered entities must make reasonable efforts to prevent uses and disclosures of oral information not permitted by the rule. Incidental disclosures are only allowed to the extent that the covered entity has applied reasonable safeguards.