[ashleyl]

Is it a HIPAA violation if I discussed a pt's care with her family? The mother had tried to kill herself and the daughter was her next of kin. She present when the care was rendered to her mom. All I said was "I was the one who started the IV on your mom" and my supervisor said I could get sued over that. Can I? She was the next of kin and present when it happened.

[J_9]

Yes, that was a HIPAA violation unless the mother gave you consent to give the daughter that information.

[ashleyl]

Her mother was declared mentally unstable and it was her daughter giving us permission to treat her. The daughter was the one signing all the forms. Wouldn't we be able to give her information?

[J_9]

HIPAA with mental issues is a very slippery slope. Yes, her daughter may have been signing the forms for treatment, but the mother (at this point) did not consent for anyone to receive any information about her. Mental health issues are very tight lipped.

I don't see the big deal about who started the IV, but it's still a violation. Next of kin has nothing to do with it. And, if she was present, then she saw you start the IV, correct?

[ashleyl]

I don't see the big deal either. My boss is the one making a fuss about it. I was just wanting to get clarification.

[J_9]

You wanted clarification on what?

[Fr_Chuck]

If the daughter was the legal guardian, it is different, but not merely next of kin.

[ashleyl]

Would she automatically get that role since her mother was not able to consent to anything due to mental state.

[J_9]

Nobody automatically gets that "role"

A consent for release of information must ALWAYS be signed.

[Fr_Chuck]

No a guardian has to be assigned and/ or appointed by the court.

[ashleyl]

It doesn't always have to be signed by the patient. Patients are unable to sign all the time. We have forms for this case. Her daughter signed it. Her daughter was the accepting caregiver. I don't feel I was wrong or violated HIPAA by talking to her. She was in charge of her mother's treatment at this time. From a legal standpoint I was just wanting to know if I could in fact be sued.

[Fr_Chuck]

Yes, you can be sued, although the daughter signed to be responsible for the treatment, or to OK treatment if the patient is not able to sign for thierself. But it gets iffy after they are better and available to talk to.
Your defense would be the patient was not able to handle their own affairs, if you had medical advice or request, but telling who did what, is not needed communication at all.

A general statement I was one of the staff helping your mother would most likely have been OK, When you named what you did, that was not a needed medcial transmission of information.

[ashleyl]

Thank You, That was actually helpful!