[Patricia101]

My Mom works for a home health agency. When she did home visits, she became good friends with one of her patients and his wife. She now does chart review in the office. While reviewing charts, she saw a note in "Bob's" chart that his caretaker (wife) had unexpectedly died. She is also friends with the couple's daughter but didn't have her phone number, so she looked it up in the chart. One of her co-workers overheard and turned her in for a HIPAA violation.

Since the death was a matter of public record (Obit in the paper), the wife was not even a patient, and this doesn't even involve health and/or insurance, how can it possible be a violoation? Am I way off on this?

Thanks for all your input/help with this!

Tricia

[shygrneyzs]

Because she accessed office records and used an office phone. It is true that obits are public, but so are phone numbers - they are in the phone book. She should have done this in the privacy of her own home, not in the office.

The wife not being the patient is not the concern here - her husband was the patient. Family records and confidentiality.

[LearningAsIGo]

That's absolutely correct ^ We've fired several employees for doing exactly that.

My question is: How did a coworker "overhear" ? Was your mother announcing it to the room?

[Capuchin]

Overheard the phonecall, I think.

[ScottGem]

I would appeal. The apparent violation was using information found in the chart (the phone number). But my understanding of HIPAA is that it protects having medical information revealed to unauthorized parties. In your mom's case I see no medical information being revealed to any unauthorized party. HIPAA does allow for an appeal process. While your mom's actions were not the smartest given the paranoia fostered by HIPAA, I just don't see it as a violation, especially not a violation that deserve more than a slap on the wrist and a promise not to do it again.

[LearningAsIGo]

The thing is, using office time/phones/records makes the office liable. If your mom would have taken note of the number and called her from home... no big deal.

On the CHANCE the daughter wouldn't have "appreciated" a phone call from your mom... and realized she took a phone number from her dad's chart, she could attack your mom's practice for violation of privacy. If your mom would have called from home anyone could assume she just opened up the phone book.

Another issue is company policy. Maybe this type of thing is addressed in her company handbook? I'd check into that first.

[ScottGem]

While there may certainly be some violation of company policy in using the phones for personal calls. I just don't see this is a HIPAA violation. No medical info was revealed to anyone so it seems a large stretch to say HIPAA was violated.

[LearningAsIGo]

Mom might want to call and talk to someone who can advise her:

Hotlines
Additional information may be available from one of the following hot lines:
Office for Civil Rights/HIPAA
1-800-368-1019 - Civil Rights
1-866-627-7748 – HIPAA
TTY: 1-800-537-7697
Email: [email protected]

File a Complaint
1-800-368-1019
TTY: 1-800-537-7697
[email protected]