Violation?

Nurses HIPAA

Published

I nurse is caring for a patient and his daughter is currently being treated for cancer. The nurse documented in the patient's medical record, the daughter's first name and the fact that she is going into the hospital for cancer treatment.

Did the nurse comit a HIPAA violation regarding the daughter?

Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.

In what context did the nurse write this, and how did she obtain this information?

RN put it context that daughter would not be available as she lived with patient who was cared for by grand-daughter and CNAs

RN got her information from the daughter.

Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.

Then no, imo it would not be a HIPAA violation

Specializes in Leadership, Psych, HomeCare, Amb. Care.

No violation. She simply charted what a family member reported.

I can see your point, OP. I am not sure I would have gotten that specific. "Daughter who is primary caregiver at home states that she is unable to care for patient at home due to long term medical condition" is far different than "daugher, Suzie, is being treated for cancer".

No need to get that specific, and yes, I can see it being a violation if you are that specific and use names--there is no need to know THAT much detail.

This would have to be stated in general terms, however, as part of a discharge plan and the feasibility of patient going back home without the primary caregiver present.

No, its not a violation. The nurse is making an stating a statement made by the client, perhaps a excessively detailed but I don't think its a violation of HIPPA.

Specializes in retired LTC.

I would be able to chart enough info without revealing sensitive info like PP jadelpn posted.

Less is best.

The situation would have been different if the nurse were taking care of the pt's daughter, then used that knowledge of the daughter's condition in her care/documentation of the mother.

In this case, I don't think there's any reason to be vague about the cancer. She's not revealing PHI, just reporting information stated by the pt that has direct bearing on her social situation.

I disagree with some of the above posts. Jadelpn got it right, exactly.

"Daughter who is primary caregiver at home states that she is unable to care for patient at home due to long term medical condition" is far different than "daugther, Suzie, is being treated for cancer".

Once you start writing, "Patientname's daughter Suzie is being treated for cancer," you have revealed (and documented for all time in a permanent electronic records, too) a bit of private information about another person, whether or not Suzie told you about it.

Exception: If you chart it as a direct quotation in context, i.e., "Patientname's daughter Suzie stated, 'I am being treated for cancer myself and will not be able to take my mother home with me.' Social worker consult offered to Suzie, accepted, Jane Doe MSW notified." Even at that, I like jadelpn's language better.

Otherwise, any paraphrase of information from anyone else can be suspect, and may be a problem later.

Not a violation and could be relevant to the care of the mother. ie, not able to contact daughter and also mother being worried about daughter. If the nurse at gained this information through the daughters medical record that is different. The daughter is not a patient of the nurse, told her this information for a reason, which then the nurse charted.

Specializes in retired LTC.

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