1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Hippa

Discussion in 'Other Governmental Matters' started by laura66, Sep 20, 2018.

  1. laura66

    laura66 Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Virginia
    My best friend is a nurse and works in Labor and delivery. A woman came to her floor claiming she was pregnant and ready to deliver. Ultimately it was found she was not pregnant and was going to be taken to the ED for evaluation. I guess on their way out the husband was in the waiting room, and she got him to go with them and the husband asked, “what’s going on where are we going” and my friend told him, ( with the wife right there) that she was being taken to the ED for an evaluation because she was not pregnant.
    Our question is, is that a HIPPA breech? The wife was right there and said nothing.
     
  2. laura66

    laura66 Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Will someone get back to me today?
     
  3. cbg

    cbg Super Moderator

    Messages:
    7,978
    Likes Received:
    1,196
    Trophy Points:
    113

    This is not Time Warner; operators are not standing by 24/7 to take your call. This is a volunteer board and the volunteers fit this in around their jobs and their families and the rest of their lives. You get an answer when someone who knows the answer happens by. It frequently takes longer than the five minutes you waited.

    Also, it's HIPAA, not HIPPA.

    Now that that's been taken care of, your "friend" dodged a bullet. If the wife didn't object to her husband being told, then she's okay. The patient, in this case, has the right to decide who has the information, and if she didn't object to the husband being given that information, that's also her right.

    However, that doesn't mean that your "friend" which I assume means you, cannot be disciplined or even fired over giving out patient information (in a public place) without checking to see if the person she was giving it to had been authorized to receive it by the patient. She/you can be. And it will be legal.
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,191
    Likes Received:
    695
    Trophy Points:
    113

    You posted on an internet message board. No one will "get back to" you other than by responding to your post. It's also worth pointing out that you posted after normal business hours in Virginia.

    Here's a list of about a bazillion things that "ED" might mean. Care to clarify what you mean (not that it's necessarily relevant since context seems to indicate you're probably talking about some sort of psychiatric evaluation).

    You guess? If you don't know the actual facts, it makes it difficult for folks to provide you with useful responses.

    HIPAA, not "HIPPA," and probably not. If, however, your friend is concerned, she obviously ought to discuss the matter with her supervisor.
     
  5. laura66

    laura66 Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1

    Well I’m glad to know this isn’t time warner!
    And “thank you” to all the volunteers that take the time to respond.
    We ALL know what “Ass-u-me”ing does, so for clarification purposes! NO, it is not me, it is truly my best friend, who is at work and can not ask this info herself, but has to meet with privacy officer and her management team tomorrow am, and asked me to help her get as much info as I could. Sothe patient was not hers, she was helping a co-worker take the patient to the ER ( emergency room). She was told that since the patient wasn’t even hers, and she took the patient to the ER, and even though the patient was present when she told the husband, ( in an area where nobody else was according to her) and did not object it was still a breech. I to looked up HIPAA breeches and thought that I found if the family member is present and doesn’t object than it was fine. I am no attorney and she is really scared as her manager said they would turn her in and she nor I know what that means??
    Thank you for responding and helping.
     
  6. KatDini

    KatDini Well-Known Member

    Messages:
    1,223
    Likes Received:
    252
    Trophy Points:
    83
    ED in a hospital is the Emergency Department. Other hospitals might call it the Emergency Room (ER). It all depends on the hospital. At the facility I work at, both terms are used.
     
  7. army judge

    army judge Super Moderator

    Messages:
    30,963
    Likes Received:
    4,431
    Trophy Points:
    113

    This event could have been avoided if someone had not released (or relayed) the results of a medical test, diagnosis, examination, or evaluation about a patient IF that someone didn't bear the initials MD or DO after his or her name; or was a qualified, certificated Physicians Assistant or Nurse Practitioner.
     
  8. laura66

    laura66 Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Hindsight is 20/20. I am asking IF ANYONE has legitimate information as to whether or not it was a HIPAA breech based on all the information provided. A lawyer, or the previous Judge???? Do you know? Sadly, we can not live life in reverse, we are ever moving forward. I was told this board offers helpful accurate information. That’s all I’m asking for.
    Thank you
     
  9. army judge

    army judge Super Moderator

    Messages:
    30,963
    Likes Received:
    4,431
    Trophy Points:
    113


    Each set of facts and people are unique.

    No one can say definitively what her/his employer will consider the utterance.

    The fact that the employer is looking into the alleged event isn't determinative of whether the alleged utterance violated any laws or health care regulations.

    HIPAA Enforcement action is within the HHS Office for Civil Rights, which is tasked with enforcing the Privacy and Security Laws/Rules promulgated under federal legislation/regulation.

    Some HIPAA transgressions can be prosecuted as federal FELONIES.

    This AMA website offers more insight about HIPAA laws.

    Tomorrow's hearing is being conducted by a private employer.

    The worst that could happen to your pal as a result of the hearing would be termination of her/his employment.

    If an HHS investigator comes snooping around, advise your pal to INVOKE.

    The appearance of a federal agent might portend criminal probing has begun.

    According to your recitation of events, the only blow back from the alleged utterance (so far) seems to be a hearing by the employer.
     
  10. laura66

    laura66 Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Yes, she is meeting only with the privacy officer and her supervisors. But they told her she has to sign “ something”, she was not sure what it was exactly. She said “acknowledging the HIPAA breech” as the privacy officer has to turn it in. But she doesn’t know to who. And what does “invoke” mean? So Judge, it is a breech?
    Also the AMA website you stated was not there. She is very scared. If it’s a felony, could she go to jail? She is very afraid of that.
     
  11. army judge

    army judge Super Moderator

    Messages:
    30,963
    Likes Received:
    4,431
    Trophy Points:
    113

    If it worries her that much, she should HIRE a lawyer.
     
  12. laura66

    laura66 Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
  13. KatDini

    KatDini Well-Known Member

    Messages:
    1,223
    Likes Received:
    252
    Trophy Points:
    83
    Why hasn't your friend perused her facility's policies and procedures? That will explain the penalties involved as far as her employment. o_O
     
  14. cbg

    cbg Super Moderator

    Messages:
    7,978
    Likes Received:
    1,196
    Trophy Points:
    113

    Sweetie, I take HIPAA training every year because I work with PHI. My employer requires that we re-train every year. I finished this year's training two days ago. So what makes you think my answer is not legitimate? Just because it's not what you wanted to hear?

    Since the patient did not object, it likely will not be considered a HIPAA breach. It could have been, yes, but it probably won't be since it was a family member and the patient was all right with it. However, she was wrong not to check, and yes, she can be disciplined up to and including firing for it unless she has a contract that says she can't. It doesn't have to be a HIPAA breach for her to get in trouble for it.
     
  15. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,926
    Likes Received:
    1,596
    Trophy Points:
    113

    Even if it's NOT a HIPAA breach (breech is short pants, buttocks, or part of a gun) she is employed at will and her employment may be terminated for what she did.

    She has the right to refuse to sign anything but that refusal, in itself, could get her fired.

    Definition of invoke
    transitive verb
    1a : to petition for help or support
    b : to appeal to or cite as authority
    2 : to call forth by incantation : conjure
    3 : to make an earnest request for : solicit
    4 : to put into effect or operation : implement
    5 : bring about, cause
     

Share This Page