[Concerned65]

1) If a nurse take a picture of a severely handicap patient and makes a comment in text form making fun of the baby's handicap, sends the message and the picture to a non-medical professional, Is that a HIPAA violation.

2) If a nurse takes a picture of a patient and texts the picture with the diagnosis of the baby including the child's face, is that a HIPAA violation.

3) If a nurse brings home Dr. Orders with patient information on the orders is that a HIPAA violation?

[ScottGem]

1) Probably not a HIPAA violation, but definitely a serious breach of professional ethics. Grounds for dismissal.

2) Yes, sharing diagnosis and treatment without authorization is a clear HIPAA violation.

3) Depends on whether the nurse was authorized to see the records, authorized to take them home to work on and whether the nurse allowed anyone not authorized to see them.

HIPAA protects a patient from having their medical diagnosis and treatment revealed by their medical practitioner to an unauthorized third party.

Can I ask why you are asking?

[J_9]

1, 2 and 3 are all HIPAA violations. A nurse is never to take a picture of a patient without expresses and written authorization. All documents with patient identifiers are never to leave the facility.

[Concerned65]

Thank you J. I know this reads like a homework assignment but unfortunately this is a true situation involving one nurse. This was discovered during a divorce investigation and involves the same nurse. All three instances. The bad part is she is assistant nurse manager. She also is on the HIPAA compliance team at the hospital. Not sure if this will be pressed but was wanting to hear opinions from the forum from individuals with knowledge on this subject. Thank you for your input.

[Fr_Chuck]

I may argue that taking home the info is a violation since no info is given out. Many facilities have info that travel out of the office.

[ballengerb1]

"Not sure if this will be pressed " the only way this would be pressed is if it is reported to How To File a Complaint

[J_9]

Thank you J. I know this reads like a homework assignment but unfortunately this is a true situation involving one nurse. This was discovered during a divorce investigation and involves the same nurse. All three instances. The bad part is she is assistant nurse manager. She also is on the HIPAA compliance team at the hospital. Not sure if this will be pressed but was wanting to hear opinions from the forum from individuals with knowledge on this subject. Thank you for your input.

If you work at a facility like mine, it might just be swept under the rug with a warning to that nurse. No facility wants to ruin the career of a nurse, and this could ruin it. We had a very similar situation where I work. A nurse was taking pictures of the babies in the nursery with her cell phone, etc... I won't get into the other details, and she was just issued a written and permanent warning in her file.

[Concerned65]

This is at a large Hospital facility. To add to the mix she was having an affair with a co-worker. This is getting worse by the minute. I couldn't make this stuff up.The woman the affair waas with was her co-worker. The lady in question was an assistant nurse manager. She could approve bonuses, set schedules, and does EPR's for this employee. I tyhink it is past the point of no return. I hate it!

[J_9]

This is at a large Hospital facility. To add to the mix she was having an affair with a co-worker. This is getting worse by the minute. I couldn't make this stuff up.The woman the affair waas with was her co-worker. The lady in question was an assistant nurse manager. She could approve bonuses, set schedules, and does EPR's for this employee. I tyhink it is past the point of no return. I hate it!!

OMG, I'm wondering if I work with you! :p

[Concerned65]

If your in Texas! This is horrible! I am not the guilty party

[J_9]

Nope not in Texas, Tennessee actually. But all you can really do is take it to your CNO and leave it there.