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Discussion

What exactly is protected and sensitive material?

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I'm always afraid of violating HIPAA . What am I allowed to share and what about this ??? ... so I am a CNA and have a paper from the previous shift that has patients last name , nurse for the night and any other notes I write down. I only made a few check marks to a few patients under the accu check section,  marked a few people as using a urinal and a few people I wrote down as being independent. Anyways I got called immediately to help with a patient and made sure my screen was blank but my paper I mentioned was on the desk face up. I'm not sure if the family member for the patient that waited outside of the room near my computer looked at the paper or not. Is this considered a HIPAA violation? My unit has outside of patients door things like "fall risk ... npo... isolation precautions " etc outside of patients doors ...wouldn't these things be as much a violation as the info on my paper ? Also I had a conversation with my sister and mentioned to her that sometimes I have patients who remind me of our grandmother on days where she's heavy on my mind and they will have her birthday. I didn't include any information about the patients .. gender ..diagnosis ..or ages. Is this okay ? 

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    • Author

    I'm an overthinker and always afraid of violating HIPAA or needing to turn myself in 

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    • Experts
    9 hours ago, CNA_love22 said:

    I am a CNA and have a paper from the previous shift that has patients last name

    The facility I worked at last had an occasion where a tech left a patient list on a WOW. The list showed the patients' last name, a visitor got ahold of it, and there was this big stink about it being a HIPAA violation.

    From that time on, the patient list showed only an initial for the last name.

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    • Author
    19 minutes ago, Davey Do said:

    The facility I worked at last had an occasion where a tech left a patient list on a WOW. The list showed the patients' last name, a visitor got ahold of it, and there was this big stink about it being a HIPAA violation.

    From that time on, the patient list showed only an initial for the last name.

    ??? thank you for bringing humor and making me realize just how ridiculous my post is ? ..I read your comment at least 4 times before realizing you were being humorous LOL..thank you:-)

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    • Experts

    @CNA_love22

    OH NO! I was being as serious as a myocardial infarction, CNAlove.

    An individual not providing direct care to a patient has no need- no right- to have access to their last name which is protected information.

    My personal feelings and beliefs aside, the facility did what they had to do by substituting the last name on the patient list with an initial in order not to have another possible HIPAA violation.

    I apologize for the misunderstanding.

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    • Author
    1 minute ago, Davey Do said:

    @CNA_love22

    OH NO! I was being as serious as a myocardial infarction, CNAlove.

    An individual not providing direct care to a patient has no need- no right- to have access to their last name which is protected information.

    My personal feelings and beliefs aside, the facility did what they had to do by substituting the last name on the patient list with an initial in order not to have another possible HIPAA violation.

    I apologize for the misunderstanding.

    Oh! I apologize for my response. But I'm curious how it works for lime hospitals and nursing homes where they have patients last names and room number displayed? Ornsome facilities have a sign outside of patients doors that indicate they're a fall risk or clues about their diet by saying NPO or isolation ? is this not HIPAA ? 

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    • Experts

    Professionally speaking, CNAlove, I admire and applaud your concerns and endeavor to gain more information about HIPAA because patient confidentiality is a big deal.

    As far as facilities showing last names and room numbers, I'm a little confused about that also. For example, I go to a couple of medical professions where clients still sign in using their first & last names for all to see.

    I go by a rule of thumb that says I release absolutely no identifying information about a patient to anyone not directly involved in their care. On case studies here on AN, I won't even give the patient's sex unless it's necessary, and a patient's sex is not protected information.

    My rule of thumb has prevented me from getting into any HIPAA hassles and has even proven my innocence when terminated for breach of patient confidentiality.

    There aren't many things I take as seriously as I do patient confidentiality.

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    • Experts
    11 hours ago, CNA_love22 said:

    I'm an overthinker and always afraid of violating HIPAA or needing to turn myself in 

    This scenario of a HIPAA violation is an oft discussed subject on this website. In this example, where patient protected information was compromised, there were ingredients for the possibility of a violation, but no rule or law was broken. 

    Let's say, for example, an individual got ahold of patient protected information and used it to in some way to inflict harm, then a law was broken and the culprit needs to deal with the subsequent ramifications.

    But to say there was a possibility of a breach is the same as an actual breach, is erroneous. It's like convicting me with murder because I own a gun. Yes, I have the means in which to take another person's life, and there's is a possibility that that it could happen, but no law has been broken, so I am not guilty of murder.

    As with you, CNAlove, are not guilty of a HIPAA violation. Give yourself a pat on the back for IDENTIFYING a compromised situation and doing something about it!

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    Yes, having a list of patient names visible to other patients/family members is a privacy/HIPAA violation. Just be more cautious in the future. Keep your list in your pocket.

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    • Author

    Thank you. I'll definitely try to be more cautious. I'm still wondering how a hospital or even nursing home can have a patients last name , attending RN and doctors name listed on the white board directly outside of the door and that NOT be considered a violation?? 

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    Yea, I agree with other posters.  I think you have to put inititals.  As far as NPO and isolation signs outside of people's door, I think it's okay as long as visitors aren't walking around the halls looking into people's rooms.  For the actual patient's visitors visiting, the visitor has to know so they can also wear proper PPE

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    • Author
    On 7/3/2022 at 10:44 AM, klone said:

    Yes, having a list of patient names visible to other patients/family members is a privacy/HIPAA violation. Just be more cautious in the future. Keep your list in your pocket.

    Do you think its reportable? I'm notnsure if anyone saw it but do you think it's worth reporting myself ?? ..again I work at a place that literally has the names , attending RN and doctor posted outside the patients door as well as fall precautions etc..the only thing on my paper was a few check marks under accu check, indepent and that a few used urinals. I worry a ton and don't want to break the law (HIPAA scares me )

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