QUESTION
Is it a hipa violation if an ER nurse discusses patient's sobriety w coworker, and coworker text patient's friend and ask if patient was "clean".
Asked on Mar 23rd, 2017 on Civil Litigation - Florida
More details to this question:
I went to ER 3 yrs ago w injured back. I told ER nurse that I was taking methadone to help w pain pill addiction. I regret being honest immediately attitudes changed. On 3/18/2017 I went to ER with terrible pain in my shoulder & arm with painful muscle spasms. The ER was going over necessary questions. When methadone was mentioned I let the nurse that I was no longer on methadone or any medication. The ER nurse discussed my sobriety w another coworker but not a nurse. The coworker textd patient's friend & ask if patient was "clean". Patient's friend text patient while she was n ER to let her about the text. Patient is furious that ER nurse discussed patient w coworker & that patient's friend was contacted.
1 ANSWER
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2 Awards
This question is problematic as it starts in the first person and then changes to the third ala "the patient". Bottom line is absent some permission or unique circumstance, it would not be proper to txt the patient's "freind" about being clean or still using. The patient can file a HIPAA complaint with the DOH. There is no money to be gained on such a complaint however. IF the patient is and WAS clean and there has been some SERIOUS damage to the patients reputation etc (like wife left thinking using again) there may be some viable claimn there. Of course if the patient IS using and was lying to the ER, this goes no where.
Answered on Mar 23rd, 2017 at 6:43 AM
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