When HIPAA can KILL

[Zookeeper3]

Well I"ve waited a bit to post, so give me your expert advice on this hot mess.

Had a patient, with a sexually transmitted life threatening disease that ended up on my ICU after they coded. Death was around the corner going full speed and a parent agreed to pull life support and let the patient pass peacefully.

NOW, the family demanded we not tell the fiancee what was wrong with the patient and why they were going to die, although the lack of knowledge would be life threatening for the patients partner... and future partners. The significant other had no idea how at risk they are.

So... other than alerting risk management and trying to get my peer to talk with the parent to share the info... what can you legally do? The fact that the parent would be willing to allow others to die like their child when it isn't necessary was astounding.

I'm all for HIPPA, but there needs to be circumstances in death... and preferably before then when it may be to late to intervene! No this is not a standard reportable STD, and I obviously can't say more.

any thoughts or experiences? I simply want to prevent more suffering and death. Why does it have to be so complicated... argh:mad:

[oramar]

I don't know where you are but where I live sexually transmitted disease are reported to the health department. It is required by law. Then the health department contacts everyone involved. It is not a violation that way. Where I live I don't think there is anything that is not on that list. There were a few that didn't have to be reported at one time but the list has been updated. If it is not a standard reportable then your health dept. needs to update. I suspect that in some places HIV is not on the list and that is a shame.

[tokmom, BSN, RN]

Ditto to what the other poster said. The Dept of Health would tell this person. Has it been reported?

[oramar]

I am thinking of Pamela Anderson the actress and how her husband's doctor never told her of his Hep. diagnosis. Apparently it was not reportable where she lived. His doctor did extract a promise from him to tell her but the low life scum never did. That shows you why self reporting can not be trusted.

[VivaRN]

I work in HIV and in my state this would be an issue for the provider managing the patient's care. A provider can disclose to the patient's sexual contacts, although the provider first has to notify the next of kin that he/she is going to make the disclosure. Ideally the family would do the disclosure and a good faith effort has to be made to facilitate this before the provider takes over. This may differ depending on the state. Call your local public health department.

Of course the other alternative is the health department doing partner notification, though it is correct that in some states HIV is not on this list.

[BabyLady, BSN, RN]

I don't know where you are but where I live sexually transmitted disease are reported to the health department. It is required by law. Then the health department contacts everyone involved. It is not a violation that way. Where I live I don't think there is anything that is not on that list. There were a few that didn't have to be reported at one time but the list has been updated. If it is not a standard reportable then your health dept. needs to update. I suspect that in some places HIV is not on the list and that is a shame.

This is the case in my state as well...there is a list of diseases that is required to be reportable by law.

However, the person carrying the disease is not identified, only the people exposed are contacted and told about the exposure.

[ItsTheDude]

i'd just leave an anonymous clue, hippa is crap anyways, it only allows the federal gov to sue after an investigation, not the individual.

[PostOpPrincess, BSN, RN]

It's a department of health issue. They HAVE to notify the partners.

[pennyaline]

It's HIPAA, not HIPPA. Okay?

HIPAA

HIPAA

HIPAA

[NurseLoveJoy88, ASN, RN]

Where I live Partners must be advised of potiential risks of contracting the disease.

[Kooky Korky, BSN, RN]

I work in HIV and in my state this would be an issue for the provider managing the patient's care. A provider can disclose to the patient's sexual contacts, although the provider first has to notify the next of kin that he/she is going to make the disclosure. Ideally the family would do the disclosure and a good faith effort has to be made to facilitate this before the provider takes over. This may differ depending on the state. Call your local public health department.

Of course the other alternative is the health department doing partner notification, though it is correct that in some states HIV is not on this list.

Utterly ridiculous that a deadly disease that is now very being successfully treated, should not have to be reported.

Let's hope that partners can even be found at this late date (in the OP's case).

How selfish that someone would not want to give those possibly threatened a chance to live.

[NRSKarenRN, BSN, RN]

reportable diseases: medlineplus medical encyclopedia

all states have a "reportable diseases" list. it is the responsibility of the health care provider, not the patient, to report cases of these diseases. many of the diseases on the lists must also be reported to the u.s. centers of disease control (cdc).

reportable diseases are divided into several groups:

• mandatory written reporting: this means a report of the disease must be made in writing. examples are gonorrhea and salmonellosis.
  
• mandatory reporting by telephone: this means the health care provider must make a report by phone. examples are rubeola (measles) and pertussis (whooping cough).
  
• report of total number of cases: examples are chickenpox and influenza.
  
• cancer: cancer cases are reported to the state cancer registry.
  

the state health department will attempt to find the source of many of these illnesses, such as food poisoning or amebiasis. in the case of sexually-transmitted diseases (std) the state will attempt to locate sexual contacts to assure they are disease-free or are appropriately treated if they are already infected.

please remember that the health care provider is bound by law to report these events. people with any of the diseases listed in the state's reporting schedule should make every effort to cooperate with the state health workers. cooperation may help locate the source of an infection or prevent the spread of an epidemic.

there are specific timelines determined by each state requiring providers and clinical laboratories to report communicable diseases. state dept of health workers then make the contact to those who have disease, seek out contacts and followup to persons who may be exposed along with patient management,

examples:

pennsylvania department of health

nc: reporting and partner notification reportable sexually transmitted ...

sexually transmitted disease program - washington st dept of health

hiv infection reporting | statistics and surveillance | topics ...

[color=#2200cc]trends in reportable sexually transmitted diseases in the united ...