Published Jan 17, 2006
oramar
5,758 Posts
Yesterday I was suprised to hear a patient and her family discussing another patient on the unit. They had a lot of details about the other patient's conditions and family situation. At first I thought there had been a serious HIPPA violation but then I was told the two patients had known each other for 50 years. Trouble is the conversation occured in the dining area of a rehab unit and now just about the whole patient population of the unit know the same information I heard. You just can't do anything about these sort of things I guess. HIPPA does not cover patients revealing other patients private information. Some of you might say I should take the blabber aside and caution her. Nope, I ain't going to do it, I am not getting paid to be an agent for the HIPPA police.
Katnip, RN
2,904 Posts
Nope HIPAA doesn't cover patients and their nosey friends/neighbors.
If you really wanted to do something, you could ask the blabbermouth how she'd feel if her friend told everyone within earshot about her condition.
Ruby Vee, BSN
17 Articles; 14,036 Posts
it happens in the hospital, too. family members sit in the waiting room and chat with one another -- patient a's family tells patient b's family all about a's condition. then patient b's family tells patient c's family all about patient a's (and b's) condition. then when i'm taking care of patient d, his family comes in and tells me all about patient b's case. and asks "did his kidneys start working again?" about all you can say is "i don't know, and even if i did, i couldn't discuss another patient with you." but not every nurse is that hipaa compliant . . . .
Zee_RN, BSN, RN
951 Posts
Just wanted to say "HI" to oramar. :) Long time, no "see."
hollykate
338 Posts
I hate it when there is a screaming patient in one room and my patient wants to know all the details. In some ways it is very nice that they show any concern for someone else, but it is usually just morbid curiosity.
BabyRN2Be
1,987 Posts
This is what I don't like about semi-private rooms. I believe that their time is limited because I see them as a HIPAA violation. The doctor comes in and talks to them about their case and might reveal some very embarrassing situation and you have a pt in the next bed who is all ears. And then the nurse might walk in with a med and explains what the med does for the patient's condition - all within earshot of a nosey pt who has no qualms about calling her best friends and talking about her roommates condition.
I don't believe that is fair. How is this being managed? Are semi-private rooms on their way out because of HIPAA? Just curious.
babynurselsa, RN
1,129 Posts
Wow Oramar. I can't even remember the last time I saw you posting. Where the heck have you been. I hope you have been well.
I agree with you I am not playing the hipaa police. Does hipaa actually cover family members sharing your info? I don't think so. Otherwise family members would be getting lock up and fined in WR all over the countries.
following_faith
254 Posts
Wow...this is a pretty interesting issue. I mean in instances where pts tell other people themselves is their business-but I never really thought of how they can overhear everything when they share rooms.
Should we hold people to HIPAA when they share a room...hmmm....there is a thought. Or should there be no sharing of rooms....
Boy, I need to chew on this!
MedicalZebra
65 Posts
I'm a dialysis patient, and there is absolutely NO privacy in the unit-- I hear everyone's business whether I want to or not when the neprologists make rounds-- all of our dialysis chairs are about three feet apart and it's impossible not to hear patients and doctors talking. For all of the yammering about HIPAA, nobody seems to care about the lack of confidentiality at dialysis!
Balder_LPN, LPN
458 Posts
Not a violation of HIPAA, or the OP's question either. Here it is from the HHS website http://www.hhs.gov/asl/testify/t030923.html for general HIPAA info try http://www.hhs.gov/ocr/hipaa/ it has an awesome search engine for HHS
" the modified Privacy Rule clarified that with reasonable safeguards, uses and disclosures that were merely incidental to appropriate Privacy Rule uses and disclosures would not constitute a violation of the Rule. An incidental use or disclosure is a secondary use or disclosure that cannot reasonably be prevented, is limited in nature, and occurs as a result of another use or disclosure that is permitted by the Rule. The Privacy Rule recognizes that communications necessary for quick, effective and high quality health care might unavoidably lead to overheard communications. Thus, a physician may discuss a patient's condition or treatment regimen in the patient's semi-private room, and a pharmacist may discuss a prescription with a patient over the pharmacy counter, provided that reasonable precautions (such as lowered voices and/or talking apart from others) are employed.
Both of these examples demonstrate how the Privacy Rule, as modified, both protects patient information, but avoids imposing unnecessary impediments to quality health care."
They also show the Govt realises the rules where not realistically attainable and made concessions that greatly cripple the effectiveness of the rule, but keeps you out of trouble. Our great Govt at work again. HIPAA has great intentions, but as with many of the things the Govt does, they dont do it well. Unfortunately, in this case there is no one else to enforce any type of confidentiality, so we will have to live with it, flawed as it may be.
CoffeeRTC, BSN, RN
3,734 Posts
LOL. This is my LTC facility. "Hey, what happened to Mary? I saw her go to the hospital today." "Did so and so finnaly get thier bowels moving?" " She yells alot, Does she have Al's Heimers?
Heck some weekends I get a better report from the resident's roomates about their roomate than from the nurses. I kid you not!
Not a violation of HIPAA, or the OP's question either. Here it is from the HHS website http://www.hhs.gov/asl/testify/t030923.html for general HIPAA info try http://www.hhs.gov/ocr/hipaa/ it has an awesome search engine for HHS" the modified Privacy Rule clarified that with reasonable safeguards, uses and disclosures that were merely incidental to appropriate Privacy Rule uses and disclosures would not constitute a violation of the Rule. An incidental use or disclosure is a secondary use or disclosure that cannot reasonably be prevented, is limited in nature, and occurs as a result of another use or disclosure that is permitted by the Rule. The Privacy Rule recognizes that communications necessary for quick, effective and high quality health care might unavoidably lead to overheard communications. Thus, a physician may discuss a patient's condition or treatment regimen in the patient's semi-private room, and a pharmacist may discuss a prescription with a patient over the pharmacy counter, provided that reasonable precautions (such as lowered voices and/or talking apart from others) are employed. Both of these examples demonstrate how the Privacy Rule, as modified, both protects patient information, but avoids imposing unnecessary impediments to quality health care."They also show the Govt realises the rules where not realistically attainable and made concessions that greatly cripple the effectiveness of the rule, but keeps you out of trouble. Our great Govt at work again. HIPAA has great intentions, but as with many of the things the Govt does, they dont do it well. Unfortunately, in this case there is no one else to enforce any type of confidentiality, so we will have to live with it, flawed as it may be.