Wanted to get everyone's opinion--regarding hipaa

[bulldoggurlie]

I am a new RN. I had a patient who's friend and medical decision maker is a physician who has privileges at the hospital in which I work. He asked me how the patient was doing, which I had no problem disclosing, however he insisted that he looked at the chart. He said that as long as I was there as a 'chaperon' it was okay. This sounded fishy to me so I asked my charge nurse. She said no, called the hospital supervisor and the chart was taken away from him. He did not take this very easily and a large argument ensued. The physician is on a completely unrelated specialty and not the patient' doctor in anyway...just friend/decision maker. Does he have any right to look at this patient's chart without the typical procedures given to other family members through medical records or was my judgement correct in sounding the alarm. I can really care less if he has permission or not to look at the chart. I am forthcoming with information to my patient's poa's and decision makers. I do not, however, wish to lose my newly obtained license, lose my job, and/or be fined up to 250,000 dollars for violating hipaa. Just wanted to hear everyone's opinions on the matter...it was a newly transferred patient to my floor and the physician stated that this was the only floor that had any problems with it.

[scg08rn]

the only way he could look through the chart is if he is the primary doctor caring for the patient. even if he was a poa or decision maker, he would probably need to get permission from administration to get copies of the chart. this is as far as i know and the safest way to go. you can't sit there with a poa or contact or whomever and go through the chart with them, there is no time.

[caliotter3]

You did the right thing.

[roser13, ASN, RN]

You did exactly the right thing and congrats for doing it.

I work in a place where HIPAA doesn't apply if you have MD after your name.

[NurseNinaFla]

He is in the wrong and he knows it,I always direct anyone wanting info to medical records (which usually stops the inquiry from going any further

[classicdame, MSN, EdD]

you did the right thing. MD does not stand for "majestic deity"

[Straydandelion]

I am the POA for my Mom and have a right to look at the chart after giving a copy of my POA to be placed on the chart, usually the charge nurse is present while I do to answer any questions I may have. As far as a copy of the chart, that can only be obtained after discharge from the facillity as far as I know. The "decision maker" however is not the same as a legal POA so I would say this doctor had no right to look at the chart.

[OncallRN]

I think it depend on what "descision Maker" legally entails

I work as part time a pvt Geri case manger fora legal guardian of demented elders.

I have written permission to have access to all medical information for our clients. I can walk into any facility and look at any of their charts without notice, I just have to give them a copy of my releases.

is the pt compitent? are they demented? a HCP doesn't have any rights until the pt is unable to maek their own health care choices.

if you didn't have written documentation of his right to look at the chart you did the correct thing. if he does have a right to the chart he need to provide it to the facility to be put in the chart

[elkpark]

I think it depend on what "descision Maker" legally entails

I work as part time a pvt Geri case manger fora legal guardian of demented elders.

I have written permission to have access to all medical information for our clients. I can walk into any facility and look at any of their charts without notice, I just have to give them a copy of my releases.

is the pt compitent? are they demented? a HCP doesn't have any rights until the pt is unable to maek their own health care choices.

if you didn't have written documentation of his right to look at the chart you did the correct thing. if he does have a right to the chart he need to provide it to the facility to be put in the chart

Yeah, that.

[bulldoggurlie]

There was no documentation allowing him to look at the chart. The hospital sips said it would be taken care of with legal today and I requested that we needed something clearly documented. Also the patient is a gcs of 15 most of the time but because of his respiratory status can become altered. He was a 15 during the incident. Thanks for the input. Also the physician is the desicion maker.....I do not beleive he has any document stating him the poa. Hanks for the input.

[wooh, BSN, RN]

The family at my facility has to go through medical records, that would include POAs, and definitely includes MDs not actually caring for the patient. Whenever a doc says, "The other floors let me do it," I always see that as a red flag. I've had docs try to have their receptionist call in orders to me with that excuse, same with other policies they've tried to get me to break. Just because another nurse is willing to risk her license, her patient's safety, and/or her job, does NOT mean that I'm willing to do the same. If all the nurses on the other floors jumped off a bridge, would that doc expect you to do so as well?

[highlandlass1592, BSN, RN]

I think instead of asking for opinions here you need to find out what the formal policy is at your facility. While others here may speak of what may be done at their facility, that won't cover you at yours. You should have a HIPAA specialist at your facility who covers possible violations, you could always speak to that person. You could also seek out your medical affairs dept, see what they have as policy. But first and foremost, you need to be familiar with your policy, because that is what will back you up in case of problems.