[cooprn68]

I was recently transported via ambulance from my place of employment to the emergency room. Before the ambulance arrived, the office supervisors were available to me to inquire if I needed anything, which at that time I did not. The supervisor in question of violation stated, "you know there're going to ask you if you take drugs". Odd, but as being an RN for many years, I told her I knew what to tell the Dr's I was taking on a regular basis.

I had a peer worker call my emergency contacts (ie: partner, mother and best friend). One of the supervisors from our office came to the ER. She arrived after I was being treated. She came back to the trauma bay that I was in and asked if I again needed anything which I told her no; mind you at this time I had many thing going on. She stated she was going to wait until my best friend arrived and would again call my mother. I stated that my mother was the emergency contact already. I glanced a few times as she went out of the room and returned. When my friend arrived, I no longer saw the supervisor again.

I was hospitalized about three days and returned to work. The same individual that I had call my contacts (my peer worker) stated to me that this supervisor that was at the hospital "with" me was calling her stating things on my medical condition. I was absolutely outraged! My own mother didn't have any detailed information from the hospital and this person (whom by the way I had not met in until that day) knew and was releasing unapproved information regarding my medical condition. Now, many people at work know the information and I do not feel comfortable at all with the integrity of the management system now.

Please advise.

Thanks
Dwayne

[LearningAsIGo]

I believe this was a violation. Your supervisor had no medical need to share your information with anyone. IF you supervisor had been your CAREGIVER she could have told relevant personel the information required to treat you.

However, since she was not involved with your medical care, she had NO business sharing anything related to your case with anyone.

You might have a hard time declaring it anything other than "gossip" but she was definitely wrong to share anything with anyone. If you have a superior (above your supervisor) you can talk to about this, you should.

Its especially troubling to hear that a group of people who work in medicine (I assume since you're a nurse) would violate HIPAA.

[cooprn68]

Yes I am a trauma nurse (RN) by trade, but I also work for a major airline in which actually do not operate or "behave" as medical professionals that are on their toes about HIPPA.

To confirm, she was not my caregiver and I had specifically stated that my mother be the emergency contact if she should call or if the hospital should release any current condition on my behalf!

I'm still livid, if I personally give this information to someone that is my business and not in any violation for volunteering this, however she had no authority.

Thank you for your reply, I truly appreciate it.

[ScottGem]

There MIGHT be a violation depending on how the supv obtained the information. If she took a look at your medical charts from the hospital while in the ER or got the info from the hospital, then the Hospital may have been in volation for given her the info.

However, since the supv did not commit a HIIPA violation.since she was not a caregiver, she doesn't come under HIIPA. What she did do was abreach of courtesy and privacy that I would discuss with HER bosses.

[cooprn68]

Sorry Scott, She overheard the doctor speaking to me and divulged this information, private information I might add to another co-worker. She had no right. I'm afraid that I must disagree that this was a "courtesy" since a member of management of the same company was releasing private medical information on "company time" to another employee. No one gave her this information, and I also hold the hospital accountable for letting this person back in the treatment room with me without authorization from me. I don't think this computer expert's opinion is correct.

[Fr_Chuck]

If she overheard you, then you spoke and gave the info in front of her. If you told this info with her present, it is no longer confidintial. But yes you gave her the info when you told it in front of her.

There is no violation for information given publicly.

[ScottGem]

Sorry, but what you are saying just affirms my opinion here (btw, just because I'm the computer expert here does not mean my knowledge is restricted to computing). The point of HIPPA is that a health care provider cannot reveal personal details about your condition or treatment without your authorization. From what you are saying no one discussed your medical issues with the supervisor. A case might be made that the hospital should not have let the supv into the treatment are, but there might also be justification for having done so. If you were aware of her presence when the doctor was discussing your care, you have some culpability for not stopping the doctor until she left.

I totally agree with you that the supv had no right to reveal the info she learned to anyone. But that doesn't make it a HIPPA violation. In fact it is not. Unfortunately I don't think there is any law preventing gossip and violation of privacy in this way. It is clearly a breach of ethics and courtesy and should result in disciplinary action against the supv. But its not a HIPPA violation.

[J_9]

Okay, to clear this up, Scott is absolutely right. HIPAA is about the healthcare worker divulging information to anyone who you did not release.

Meaning, if the doctor taking care of you were to talk about your case in a restaurant at lunch, and your supervisor overheard... the doctor would have breached his confidentiality. HIPAA only covers the medical workers involved in your treatment, billing, etc. It does not cover a supervisor of a company that is outside of the medical field.

She was the one that essentially came with you to the hospital and overheard, in the hallway or wherever, the doctors discussing your care. As she accompanied you to the hospital, if she was in the room with you, and she overheard this information in your room, it is implied that you have released her as a party to which information can be given. If you did not excuse her when the doctors and/or nurses were there, again it is implied that she had been released to give info out.

Now, if someone outside of the healthcare field discusses a medical condition with a co-worker, they are not covered by HIPAA laws.

HIPAA (Health Insurance Portability & Accountability Act)

You can read all about it here. HHS - Office for Civil Rights - HIPAA