Is it a HIPAA violation if you are a nurse in a clinic, to ask a person that you see in public "hey, how are you and your baby?" "I recognized you from coming into the office." "Who was your doctor?"
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Is it a HIPAA violation if you are a nurse in a clinic, to ask a person that you see in public "hey, how are you and your baby?" "I recognized you from coming into the office." "Who was your doctor?"
Why is this even an issue?
Actually it could be. Lets say for example, the person was trying to hide their pregnancy and you asked them in front of someone they didn't want to know about it. They could report you.
So you have to be very careful about things like that.
If the party who was asked these questions objected to the questions, and the healthcare facility's HIPAA policy and procedure statement covers these circumstances, the employee could be disciplined or terminated.
from: Summary of the HIPAA Privacy Rule
"General Principle for Uses and Disclosures
Basic Principle. A major purpose of the Privacy Rule is to define and limit the circumstances in which an individual's protected heath information (PHI) may be used or disclosed by covered entities. A covered entity may not use or disclose protected health information, except either: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual's personal representative) authorizes in writing."
This is cited as an example of a violation in a Johns Hopkins Hospital nurse's training manual:
"Discussing PHI in public areas, including elevators, the cafeteria, hospital lobbies."
Penalty for Violations " $ 100 to $ 50,000"
from: Everything You Always Wanted to Know About HIPAA, A Self Study Packet for the JHH Department of Nursing
It would be a sad day if someone wanted to pursue those 3 remarks under HIPAA, unless that person had a reason to hide.
(There are no monetary damages under HIPAA, despite the fines shown by smearcase. Just someone who might lose her job.)
This person had already had her baby.. She was seen in a public place by a nurse and the nurse just said "hi how are you and your baby doing?" She reported this to the nurse's supervisor because she said she felt uncomfortable. It wasn't reported until 7 months after it had happened. The nurse got a verbal warning write up. Is this valid?
The exact conversation was as follows.. "Hi, how are you and your baby? Congratulations! I recognized you from coming into the clinic. Who was your doctor?" That was it.. And this happened in April. This person just decided to report it, and the nurse got written up in November which was 7 months later. It was not a written write up, it was a verbal warning on paper. The nurse was told if she got anymore reports of hipaa violations that she could lose her job and license if it was f
I guess in view of the previous answers, it is a grey area, and, probably lucky she was only written up. I for one see no contest in this situation, only paranoia. How so we know what stress that person was under after having her baby.Quote:
Originally Posted by Momof2boys3
CONT.. If it was proven to be true. Just need some clarification and validation of this.
Yes, I think it was valid. The nurse may have thought she was being friendly and pleasant, but she got into the patient's space ad made her feel uncomfortable. Under HIPAA, the nurse did violate the patient's privacy even though it was innocuous and the nurse was just trying to be pleasant. So the nurse should learn her lesson and be more circumspect in the future. And not approach patients outside the office.Quote:
Originally Posted by Momof2boys3
What is your part in this?
At first it sounds harmless, but there are countless situations in which it would be inappropriate.
Perhaps she gave or was about to give the baby up for adoption.
Perhaps the baby died.
Perhaps DNA showed another man to be the father and her husband left her.
Onandonandon...
I dont feel it was a hippa violation. Because she wasnt discussing a diagnosis nor imparting knowlage to someone other then the mother. Some people just feel they can win the lawsuit lottery and will look for any way they can to get something from it. There was nothing discussed and only questions asked. The "offender" wasnt announcing anything to the world that was common knowlage already. If the "offender" had been another mother and asked the same things we wouldnt be discussing this at all.
But a diagnosis was discussed; pregnancy.
I see nothing in here that mentions pregnancy. Only one person asking another how thier child is doing.Quote:
Originally Posted by Momof2boys3
I think its implied. But clearly the office felt there was enough of an issue to warn the nurse. I agree that a warning was justified.
Healthcare facilities have the responsibility to develop policy and procedure to ensure compliance with HIPAA requirements.
An employee has the responsibility of following their employer's policy etc. The employer can take whatever action it deems appropriation for violations.
"Policies and Procedures and Documentation Requirements
A covered entity must adopt reasonable and appropriate policies and procedures to comply with the provisions of the Security Rule. A covered entity must maintain, until six years after the later of the date of their creation or last effective date, written security policies and procedures and written records of required actions, activities or assessments."
Summary of the HIPAA Security Rule
HIPAA website explains the "definition of a breach" as disclosing PROTECTED information. Asking after the baby or mother is not a breach, but asking who the doctor was may be a breach, but is still a stretch.
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