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Who's in violation of Hipaa?

Posted
by tiger74 tiger74 (New) New

Specializes in Nephrology, FM. Has 2 years experience.

A friend was on shift, taking care of a patient who needed their medication list updated. The patient was having a few complications at the time and was unable to provide any information. In order for the medical team to provide effective treatment, they needed an updated medication list. The medical team was unsuccessful at contacting the pcp for the current medication list. It was decided by the medical team, to contact a nurse off duty, that had just gone prn for the company, to see if he could contact the pcp. (the prn nurse had priviledged private contact numbers for that pcp.) The prn nurse called the pcp to alert him that the medical team was looking for some information, as to provide continuity of care. Was there a Hipaa violation in this scenario?

heartnursing

Specializes in Pediatric Critical Care.

I don't really see what the problem is..... they needed the information in order to provide care for this individual... if not they would not be getting adequate care needed

:twocents::twocents::twocents::twocents:

Is this a student assignment? It sounds like it and it sounds like the type of question you are supposed to be answering by yourself.

tiger74

Specializes in Nephrology, FM. Has 2 years experience.

This is not a student assignment. This is a legitimate question. The details were spared because I did not want to be in Hipaa violation.

nurse grace RN, BSN

Specializes in med/surg, TELE,CM, clinica[ documentation. Has 15 years experience.

Sounds like homework to me.................

JB2007, ASN, RN

Specializes in LTC, Med-SURG,STICU. Has 5 years experience.

Did anyone give the pts name or health info? I do not see a violation in call the nurse in question and saying that you need the nurse to contact the MD because you have a pt of their's that is unable to give the info that you need to provide care. Give that nurse your contact info and that should be fine. No other info really needed to be given to the nurse in question. Was more info given?

traumaRUs, MSN, APRN, CNS

Specializes in Nephrology, Cardiology, ER, ICU. Has 27 years experience.

What about calling the pharmacy? Usually, if you call Walgreens/CVS, any big chain, they can look up stuff online.

tiger74

Specializes in Nephrology, FM. Has 2 years experience.

The prn nurse had been assigned to this patient on many occassions and therefor was familiar with this patient and the patients needs. Is the medical team in hipaa violation because they inititated the order to call the prn nurse? Was the nurse making the call to the prn nurse in violation? Or the Prn nurse in violation because she was now prn status and made the phone call to the pcp? All one company, all for the continuity of care for one patient.

If everyone in the scenario needed to share information with each other to prevent errors and further continuity of care, HIPAA was not violated.

The prn nurse had been assigned to this patient on many occassions and therefor was familiar with this patient and the patients needs. Is the medical team in hipaa violation because they inititated the order to call the prn nurse? Was the nurse making the call to the prn nurse in violation? Or the Prn nurse in violation because she was now prn status and made the phone call to the pcp? All one company, all for the continuity of care for one patient.

I don't know what being prn status would have to do with whether or not it made her violate HIPAA...

roser13, ASN, RN

Specializes in Med/Surg, Ortho, ASC. Has 17 years experience.

I don't believe that a HIPAA violation occurred. Everyone involved had a "need to know" in order to treat the patient.

Pharmacies are increasingly reluctant to send med lists due to the obvious HIPAA concerns. The nurse with prior experience was appropriately contacted and responded appropriately.

roser13, ASN, RN

Specializes in Med/Surg, Ortho, ASC. Has 17 years experience.

I don't know what being prn status would have to do with whether or not it made her violate HIPAA...

Absolutely nothing. PRN was a just a descriptor used - nothing to focus in on.

n87934

Specializes in ER.

Read the HIPAA policy in the patient's chart. They are not all the same from one institution to another. There are numerous allowances for giving information to others. Also, check for a release of information in the chart to see if the patient's information can be shared with any current providers.

bsyrn, ASN, RN

Specializes in Peds, School Nurse, clinical instructor. Has 22 years experience.

Nope, it does not seem to be a HIPAA violation.:nurse:

I do not see a violation. People who are directly responsible for the pts. care, can be involved and this was a situation where everything the team was doing was to benefit the pt.

systoly

Specializes in LTC, Memory loss, PDN. Has 23 years experience.

This was a medical necessity, however, one could argue that all the prn needed to know was that this particular Dr. needed to contact the medical team.

Esme12, ASN, BSN, RN

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma. Has 41 years experience.

A friend was on shift, taking care of a patient who needed their medication list updated. The patient was having a few complications at the time and was unable to provide any information. In order for the medical team to provide effective treatment, they needed an updated medication list. The medical team was unsuccessful at contacting the pcp for the current medication list. It was decided by the medical team, to contact a nurse off duty, that had just gone prn for the company, to see if he could contact the pcp. (the prn nurse had priviledged private contact numbers for that pcp.) The prn nurse called the pcp to alert him that the medical team was looking for some information, as to provide continuity of care. Was there a Hipaa violation in this scenario?

If this nurse was involved in this patients care and was an employee of the facility they are bound by the same confidentially agreement signed on hiring. But from what you write they were looking for the MD/PCP and called someone who had his number because they needed a med list. The MD who is also bound to a confidentially agreement with the facility and his patient. HIPAA is about informed consent and permission and when you see a new MD you sign all those forms to release medical information to insurance and what is necessary for your care ie: med lists. The nurse called the MD at home and told him to call the facility ASAP he was needed. No HIPAA violation here!:)

Esme12, ASN, BSN, RN

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma. Has 41 years experience.

PS it's a shame that the facility doesn't have the MD's number but the PRN staff does........just an observation