Is it a HIPAA violation to have a NICU with windows where family AND non-family members can see into the NICU and view babies? The windows have shades that CAN be drawn but often aren't. It seems this would violate HIPAA in that people who have nothing to do with the patient's care can know who has a baby in the NICU by just looking in to see what parents are with them. If a nurse or doctor can't even acknowledge that a certain infant is their patient without violating HIPAA laws, how is this not a violation?

No, this is not a violation because health information is not being given out. Doctors and nurses are not telling the visitors what the particular diagnosis of the child is, nor are they giving out the names of the babies.

The nursery I work at has open windows with the option to close the shades. Typically any time the shades are closed is when a procedure is being performed.

No this is not a violation. What you described is a common practice and there is no medical information given out.

If a parent prefers, I'm sure they can request that the child be kept out of the public viewing area.