Ask Me Help Desk - Should I violate HIPAA

I work at Women's Health Office and My best friend's 15 year old daughter came in and got a abortion, she didn't need her parents consent. Under HIPAA privacy rule, I cna't tell her mother. I want her mother to know. What should I do? Do I confront the daughter? I know keeping this to myself is breaking the law, what should I do without breaking the HIPAA Rule?

You could be terminated and/or sued for violating HIPAA.

I'm not a HIPAA expert, but you should look at it closely before even considering talking to the patient about it.

Consider another line of work if you have a problem with working for an employer who gives abortions to 15 year old girls without their parent's consent.

... just my humble opinion. I feel for you, Stephanie. It's a tough situation to be in.

Quote:

Originally Posted by stephanie35

... I know keeping this to myself is breaking the law ...

I think you mean "... not keeping this to myself... ".

I cannot ethically advise you to break the law, unless there is a "higher law" which would supercede HIPAA. I don't see that there is.

Ask yourself what good you might accomplish by telling the mother. I have strong pro-life feelings myself, but it seems to me that what's done is done. My advice is to leave this up to God and the daughter.

You do nothing. This girl has a right to privacy. For you to do ANYTHING would be to risk your job, as well as violating her rights.

I understand its hard. The only thing I can suggest is that the person who dealt with the girl should counsel the girl on contraception and the dangers of teenage pregnancy. It would seem that would be within the purview of the clinic, though it may be too late to get her back in.

Quote:

Originally Posted by stephanie35

I work at Women's Health Office and My best friend's 15 year old daughter came in and got a abortion, she didn't need her parents consent. under HIPAA privacy rule, I cna't tell her mother. I want her mother to know. What should I do? Do I confront the daughter? I know keeping this to myself is breaking the law, what should I do without breaking the HIPAA Rule?

Steph,

I work for BCBS. I run across all kinds of things like this about my friends and their children. One time I found out my best friend had stage 3 colon/liver cancer. It tore me up emotionally at work and I had to go to my boss and tell her that I couldn't handle that file and if she could assign it to someone else.
I know that is a little different than your situation, but I can tell you this. I have worked for BCBS and seen a lot of things. One thing I would warn against is spilling the beans:

1- In your case, there is no undoing what has already been done.
2- Your employer could fire you and law suits could be brought up against you
3- If you tell your best friend... you could be seen as trying to stir up things in the family or any other thing. You would be the bearer of horrible news and that isn't something I would want to be though of.
4- I am sure that sometime down the road the daughter will slip or just come outright and tell what she did. Its kind of like Karma. It has a way to come around and show what has been done sometimes.

I think the best thing to do would be to pray for the girl and the embryo. This girl should go through therapy or at least a sex education class and be put on birth control. I would consider the 3 month shot, that way she doesn't forget to take the pill every day.

Finally.. . If you still feel compelled to say something, I would just mention to the girl that you ran across her file the other day and wondered how she was doing. Don't say nothing to the parents... maybe if she knows that you know... she might fess up to it to her parents. Maybe she might even turn to you for advice or guidance.