Question

Scenario

Ms. Jane Doe is your next door neighbor and a good friend of yours. You work in an HIM department at Main Street General Hospital. You saw that she just had an outpatient surgery three days ago at your hospital and you now see that she is out working in her flower bed. You really care about your neighbor and friend and don’t want her to overdo it after just coming home from the hospital and having had surgery. What should you do according to HIPAA privacy laws, along with your own opinion?

Questions   

1. What possible issues/concerns might this scenario raise?
2. How could this situation become a violation of the law?
3. In this situation, what are some potential negative consequences for you as a neighbor, for you as an employee, for her as a patient, and for the facility?
4. What responses/actions will result in a more positive outcome and/or what proactive measures might be considered?

Answer 1

1. What possible issues/concerns might this scenario raise?

Issues/concerns that might raise mainly included;

• Violation of HIPAA privacy law.
• Health issues to Ms. Jane Doe due to improper postoperative care of the surgical wound.

2. How could this situation become a violation of the law?

According to the HIPAA privacy rule the PHI (Personal Health Information) is not accessible by unauthorized persons and not used for unintended purposes. In this scenario, unless Ms. Jane Doe disclosed the information to you, you are not supposed to go and discuss regarding the same with her.

3. In this situation what are some potential negative consequences for you

As a neighbor,

Though you know about the surgery you are restricted to help her as it will be a breach of confidentiality.

As an employee,

If you are discussing regarding the health unless she disclosed the same with you it will be violation of privacy rule and might result in sue or loss of job.

As a patient,

Gardening after three days of surgery though it is minor will be a strenuous activity and adversely affects the wound healing process and can lead to complications.

For the facility,

• Proper post procedural health education might be lacking which will be resulted Ms. Jane to do gardening just after 3 days of her surgery.
• Violation of HIPAA privacy law adversely affect the reputation and might receive penalties for the same.

4. What proactive measures might be considered?

As an employee as you aware of the health condition of your neighbor, you can intimate the authorized persons regarding this improper post procedural care by the patient and let them visit her or do the required care as necessary.