Who am I, the HIPPA police?

Nurses HIPAA

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"Protecting private health information is not just good practice, it is the law!"

I heard this slogan during one of my many HIPPA trainings, and I really took it to heart. Apparently, some of my co-workers did not. As some of you know, I am a medical technologist. In my position, I have access to laboratory results for patients throughout our entire health system. I was working alone in the lab today, and one of my co-workers put me in a very compromising position. Here is my story; please hang in there because it is long...

A nurse called me while I was busy (getting platelets ready for HER patient) and asked me to look up some labs. I told her I was busy at the moment and would call her back; I assumed the results were for one of her patients and related to that patient's care.

When I called her back and asked for the medical record number, she said she didn't have it and proceeded to give me HER OWN NAME. She said "the nurse practitioner and I have been trying to look up the results and we can't find them in the computer". I told her that I could not give the results to her, nor could I release them to the nurse practitioner because the NP was not the ordering provider and was not directly involved in that nurse's (patient's) care. She snapped back "Well then, who do I have to ask, God?" and proceeded to give me attitude in general. I calmly told her that if she was interested in her lab results, she would have to fill out a request and submit it to the medical records department or call her physician's office on Monday.

About an hour later, I received a call from the ED physician. He requested the lab results on a patient, and proceeded to give me the SAME NURSE'S NAME. I didn't realize it until we hung up because I was involved in other tasks, but when I did figure out what was going on I immediately called him back and told him that since he was not the ordering physician he could not have access to those results (this is the policy of our laboratory). He stated that this nurse was now under his care as his patient. I had a strong feeling that he was lying to me because the nurse had not been admitted as a patient to our hospital, but I could not prove that he wasn't telling me the truth. At this point, with this being a gray area and the physician obviously being a lot higher than me on the power ladder, I gave in. I printed a copy of the results and sent it to him. I also made a note in the computer that I had done so in case I am questioned in the future.

How dare this nurse put me in such a compromising position! It makes me absolutely furious when people expect me to break the rules for them just because they are employees of the hospital!!!!! The thing that upsets me the most is that they are asking me to RISK MY JOB and sometimes VIOLATE THE LAW because they can't be inconvenienced to follow proper channels.:angryfire

There was another circumstance a few months ago when the charge nurse from the ED brought in a throat swab from her SON and requested that we run a rapid strep "off the books". This is absolutely a violation of laboratory policy, not to mention ethical standards. Why should she receive a free test just because she works here? And for her family member, no less! I told my co-worker that he should not make promises like this in the future, and if he did to make sure not to involve me. My co-workers have run numerous free pregnancy tests for their "friends" (fellow employees) on the floors.

Just to make sure I am absolutely clear, I am not bashing nurses (obviously, since I am in nursing school myself). The physician deserves equal responsibility in this incident. So please do not flame me as singling out nurses. I am in fact criticizing all health care workers who violate policys and laws.

We as members of the health care team should be above reproach. This means following proper procedures when accessing private medical records, obtaining a valid order for all tests run in the laboratory, and paying for all of the care we receive. How can we expect our patients to respect us if we do not hold ourselves to high ethical standards?

I am not looking for a debate, just a bit of support. Thanks for listening :)

Specializes in Geriatrics/Oncology/Psych/College Health.

To the OP: good for you for standing up :). That nurse was absolutely wrong for giving you a hard time. She needs to follow the same protocols as anyone else, and if any Joe on the street has to get their results from their doctor so does she. I suspect she would have had no problem looking up the results herself, but didn't want to have it on her audit trail. She knew she was in the wrong.

It's a HIPAA violation to release info in any other way except the established procedure. The ordering provider or his/her designee is the one who is supposed to discuss results with a patient, whether or not she happens to be a nurse.

I don't see how this is a hipaa violation. You were right to obey hospital policies and the nurse shouldn't have given you a hard time. But, she was just being smart getting another doc to get the results for her. I don't see why this is a problem for you. They are her test results and she obviously got the results from the doctor in the ED.

If it's hospital policy then you must follow that policy. Just because we are nurses does not give us the right to special treatment. Yes, hospital employees get a lot of extras in a lot of facilities as a favor, but it is not a "right" anywhere (that's like saying cops have a right to get out of a ticket just because they are cops - it's not right, ethical, or fair) And I've never seen a lab that releases info straight to the patient - they release to the MD involved in the patient's care.

This nurse should have known better (and obviously did related to the lengths she went through to try to get the info). You did the right thing to stand up to her to follow hospital policy. I would write the entire situation up and pass it on to Risk Management AND Human Resources. If the doc said he was treating her when he wasn't, then that's an ethical issue that needs to be dealt with ASAP.

Good luck and you have my support.

Wow what a grey area on if it was a HIPAA violation or not. My interpretation would be this--if it was the actual person who said they were on the phone then no it would not be a HIPAA violation. If it was a family member who was interested or a friend (or some stranger) then yes it would be a HIPAA violation (provided they were not given permission by the patient). The main issue is that over the phone unfortunately there is no way to verify a person is who they say they are unless there is a code set up beforehand therefore---

Most hospitals do have a policy that employees cannot access or give out their own or other employees records without going through the proper channels such as coming in talking to medical records and signing a release. Is this inconvenient? Absolutely but it does protect the hospital, its employees and sensitive medical information.

Our computer charting program would actually "audit" us and flag charts that we have no business being in such as someone's chart on another floor. This was a very serious offense and could result in termination. Thus an employee should never ask you to do something like this or get mad when you explain the reason you cannot do this.

You follow the rules and you should--less chance of getting in trouble. Report this to your supervisor. I think you were right in this situation, once an employed doctor tells you he needs the results for patient care then you are pretty much stuck and have to give the results. We know what game was probably being played.

For those who are mad at the inconvenience or the waiting--dont kill the messenger which is the lab employee take it up with administration.

Just to make sure I am absolutely clear, I am not bashing nurses (obviously, since I am in nursing school myself). The physician deserves equal responsibility in this incident. So please do not flame me as singling out nurses. I am in fact criticizing all health care workers who violate policys and laws.

We as members of the health care team should be above reproach. This means following proper procedures when accessing private medical records, obtaining a valid order for all tests run in the laboratory, and paying for all of the care we receive. How can we expect our patients to respect us if we do not hold ourselves to high ethical standards?

Here's hoping you never find yourself in one of those "gray areas," I daresay you might think back on this incident.......oh wait, you're in nursing school?

It's a given.

Specializes in NICU.
In my health system's training it states plainly that is against the rules to give out any laboratory results that are not explicitly for the purposes of providing care to our patients. This means that we cannot look up a co-worker's results, or even our own for that matter. This may be my employer's interpretation of the federal or state statutes, but it is nevertheless policy and all employees learned this in training (including this nurse).

The only thing I see wrong with this situation is that you did not see the nurse in person. If you had seen her in person, looked at her photo ID to verify her identity, and given her HER OWN lab results, I don't see how that would be a HIPAA violation. She is, in a way, providing care TO HERSELF, so she has every right to those lab results.

I think you're missing the whole point of HIPAA - it's to protect out pateints' privacy. Giving a patient their OWN lab results is in no way violating their privacy!

Specializes in Oncology/Haemetology/HIV.

I am currently mixed on this.

As an oncology nurse, my patients receive copies of their labs routinely. They are encouraged to be involved in their care. And if there is something unduly concerning that the MD must example, they handle it promptly.

But I do believe that I have a right to know my labs, and receive them in a timely manner. I pay for it, it came from my body, it's mine.

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I had a mammo done in Florida on 2/10. The MD has not yet contacted me with the results. I received a notice on 2/25, that there were problems with the mammo and they needed the comparison films. Still no phone call. I arranged for the comparison films to be sent. Still no call/word.

The films were read on 3/1. As of this morning, my regular MD in GA (who ordered the test) has not received any results, and I been unable to get the diagnostic center to release the report to him. As of this morning, I STILL DO NOT KNOW THE RESULTS NOR DOES MY MD. He didn't even receive a notice saying that they needed the comparison films.

Interestingly, Sheryl Crowe had her mammo on 2/20, has already had surgery and has a treatment plan. I had mine on 2/10...AND STILL DON'T HAVE THE RESULTS!!!!!!!!

And I get HIPAA thrown at me at every turn.

Carolina, on assignment in Baltimore.

Specializes in NICU, ER, OR.

They were her OWN results!!!!!!!

Specializes in NICU, ER, OR.

They were her OWN results!!!!!!! Who is she going to get into trouble, HERSELF??????? I think you are overthinking here, or not understanding. Now, if she called on another person, that she had no involvement in, then thats another story entirely. But she didnt. THEY WERE HER OWN LABS.. Why do you have a problem with this?

Specializes in Geriatrics/Oncology/Psych/College Health.

Bottom line is that there is an accepted procedure for her getting her own results, and calling and harassing the lab tech ain't it. She's taking advantage of the fact that she works there to circumvent that procedure that anyone else would have to go through. And she's putting the lab tech in the middle of it.

I'll willing to bet that no one would release the results to anyone else that happened to call that wasn't a nurse or staff member. We really don't have privileges above and beyond the man on the street. That nurse could get fired under the policies and procedures that I am certain her facility has in place.

Specializes in Infection Preventionist/ Occ Health.
They were her OWN results!!!!!!! Who is she going to get into trouble, HERSELF??????? I think you are overthinking here, or not understanding. Now, if she called on another person, that she had no involvement in, then thats another story entirely. But she didnt. THEY WERE HER OWN LABS.. Why do you have a problem with this?

I have a problem with it because there is an audit trail on the computer. She had her tests done by an outside client who happens to contract with our laboratory. We were told in HIPPA training that we are only allowed to release results for patients who are receiving care in our facility and only to licensed caregivers who need this information to do their jobs. This is my health system's interpretation of the "minimum necessary" clause of the HIPPA legislation. We were explicitly told that if we were caught looking up labs for ourselves, our family members or fellow employees (even with their permission), we were putting ourselves at risk for termination. Bottom line, and I will state this again, is that she should not have asked me to risk my job just because she didn't want to wait until Monday and go through the proper channels to obtain her test results.

I'll willing to bet that no one would release the results to anyone else that happened to call that wasn't a nurse or staff member. We really don't have privileges above and beyond the man on the street.

We should have more privileges, but I do agree the problem is with the facilities rule and not the OP/lab tech and they should NOT be given a hard time over the FACILITIES rule. I have read the HIPAA (most people spell it HIPPA-shows they aren't really familiar anyway) and most people use HIPAA for things totally UNRELATED to HIPAA or what it pertains to and how it is actually worded. I think HIPAA is and has been one of the most, if not THE MOST) MIS-used piece of legislation out there.

When you have an elderly person, or anyone for that matter, you are helping and they have given their okay for you to call on an insurance claim or anything and they STILL give you a hard time, won't talk to you or release info--THIS is ridiculous. I know all the rebuttals(a lot of them valid)--spouse getting info for divorce, legal proceedings, etc., etc. and I do see the other side. But, on just a less specific, more global persepective than the OP's situation, again it is very misused.

Since this is a topic that comes up frequently in practice settings and conversation, I encourage everyone to read it for themselves. This is, of course, a seperate and distinct issue from how facilities, credit card companies, and insurers actually use HIPAA.

Again, most people are using and mis-quoting HIPAA in situations and places not applicable. People mostly go on hearsay and "so and so said HIPAA says" without actually knowing what's up.

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