Is it a HIPAA violation if I discussed a pt's care with her family? The mother had tried to kill herself and the daughter was her next of kin. She present when the care was rendered to her mom. All I said was "I was the one who started the IV on your mom" and my supervisor said I could get sued over that. Can I? She was the next of kin and present when it happened.

J_9

Yes, that was a HIPAA violation unless the mother gave you consent to give the daughter that information.

ashleyl

Her mother was declared mentally unstable and it was her daughter giving us permission to treat her. The daughter was the one signing all the forms. Wouldn't we be able to give her information?

J_9

HIPAA with mental issues is a very slippery slope. Yes, her daughter may have been signing the forms for treatment, but the mother (at this point) did not consent for anyone to receive any information about her. Mental health issues are very tight lipped.

I don't see the big deal about who started the IV, but it's still a violation. Next of kin has nothing to do with it. And, if she was present, then she saw you start the IV, correct?

ashleyl

I don't see the big deal either. My boss is the one making a fuss about it. I was just wanting to get clarification.

J_9

You wanted clarification on what?

Fr_Chuck

if the daughter was the legal guardian, it is different, but not merely next of kin.

ashleyl

Would she automatically get that role since her mother was not able to consent to anything due to mental state.

J_9

Nobody automatically gets that "role"

A consent for release of information must ALWAYS be signed.

Fr_Chuck

no a guardian has to be assigned and/ or appointed by the court.