[nurseED]

I am a nurse. In our hospital, only the olive can place a patient on a psychiatric 5150 hold. I was instructed by the MD to call the police for an evaluation on my pt. When the police arrived, they knew this pt. Quite well for past methamphetamine problems. He was wearing an ankle bracelet for parole. ( why, I don't know). I did the ordered drug screen on the pt. It came back positive for meth. That meant that he was not going to be on a 5150 hold. Hi behavior was due to drugs, not psychiatric issues. I told the police he was positive for meth. The doctor said that I violated the pt. Rights by telling the police this info. I told them the info so they could do a full and fair evaluation on the pt. I ended up being fired for this. The hospital stated I violated hospital policy. There was no policy on divulging information to the police. 3 months after I was fired, they came out with a new policy. I had been there for 6 years, never a write up or discipline in any way. 1 week after I was fired, the manager who fired me, was fired for unknown reasons. Even though the hospital is an 'At will" employment, did they have the right to fire me for something like this? Did I violate any HIPAA laws? They said " You violated California State law, Cival law and HIPAA laws.I have not heard anything from anyone since I was fired. Do I have a case or am I wasting my time?

[J_9]

Yes, you did violate HIPAA. If the police need to know if the person in question is on any substance, they will come in with an order to obtain a sample of blood or urine to be run for their purposes.

I understand you were trying to help the officers so that the patient would be treated appropriately whether it be a 5150 (in my neck of the woods it's called a 603), or a drug addict, however, no medical information should be given out. The police are supposed to provide their own order for lab work and results.

[ScottGem]

As J-9 said, this is a clear HIPAA violation. The police are not medical personnel involved with the care of the patient. Therefore you had no right to reveal any information about the patients diagnosis or treatment without a court order or permission from the patient.

I suspect the patient was threatening a lawsuit which is why you were fired. But no, you have no case at all.

[J_9]

The patient doesn't even have to threaten a lawsuit. If a co-worker overheard this and reported it to the CNO (Chief Nursing Officer), then it is grounds for termination.

[nurseED]

Then, where does "covered entity" come from? I thought police , if involved in the decision making process of placing a pt. unto the psychiatric system, were a covered entity and had the right to know. Without the info, there decision would have been inaccurate.
The patient signed consent when he walked into the ED. The consent stated " when required by law to release information."As far as I know, the pt. was not threatening lawsuit. If, in this county I was working in, the police are the ones who place pts. On 5150 evils, how do they properly do this if we withhold information?

[ScottGem]

"When required by law" means with a properly executed warrant. Not just at the request of a person in uniform.