Who's in violation of Hipaa?

[tiger74]

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?

[n87934]

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]

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

[indigonurse]

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]

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]

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]

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

[littlemammanurse, BSN, RN]

It's not a violation as far as I see it.

[beba/rn]

I don't think hipa is violated it is for patient care all the phone calls

[ValerieAnn21486]

I have a question. If there is a patient in the hospital where I am doing clinicals, that is from the same town as I, that I do not know personally, but I do know their son, and that patient wants me to relay a message to their son, am I allowed?

[caroladybelle, BSN, RN]

I don't think that HIPAA was violated. But you have to wonder about an MD that cannot be reached by the medical team and normal channels, and that instead, a PRN nurse has the "private" numbers while the facility does not.

My other issue, is if I were the PRN nurse and asleep/busy off shift, I would be ticked and also wonder wht the heck this MD cannot be contacted by normal channels.