Eli's Hospice Insider

Published on Wed Jun 02, 2010 PDF

Nurses take heat for online privacy violations.

Looking for cautionary scenarios to keep everyone on their toes privacy-wise? Three recent events provide a heads up about the potential for major HIPAA snafus -- and how to prevent similar problems on your watch.

Scenario No. 1: Online Postings Cross The Privacy Line

In June, several hospital nurses employed by Tri-City Medical Center in Oceanside, Calif. found themselves in HIPAA trouble for allegedly posting patient care-related information on Facebook, according to an article in the North County Times. The state health department is now investigating the incident, according to news accounts.

While a pending investigation and hearing may exonerate the nurses, the take-home message is clear: Be careful what you post. And realize that you can't ever expect privacy in cyberspace, says Jim Sheldon-Dean, principal and director of compliance services for Lewis Creek Systems in Charlotte, Vt. "Facebook and Twitter, etc., are useful places for professionals to look for advice from peers," says Sheldon-Dean. "But you have to be careful not to communicate private information or post any identifiable pictures," he says.

Play it completely safe: Some attorneys advise against posting any information about patients in online forums whatsoever. "While the nurse may not post any patient-identifying information, you can identify the nurse on Facebook [or other social forums]," says attorney Rebekah Plowman with Nelson Mullins Riley & Scarborough in Atlanta. "And people in a small community may know the person the nurse is talking about and thus may be able to make the link."

That's different, say experts, than using online discussion forums to address hypothetical situations and scenarios that address various clinical challenges, such as combative behavior or drug interactions.

Scenario No. 2: Have Laptop, Will Travel

In a recent case, Rainbow Hospice and Palliative Care in Park Ridge, Ill. had to alert patients after a staff person's laptop was stolen during a home visit, reported the Park Ridge Herald- Advocate.

Also: A stolen laptop in Chicago contained about 10,000 names of TennCare recipients and their confidential information, according to media accounts. And multiple home care providers have experienced laptop thefts and public disclosures.

Take away: Any portable device containing protected health information (iPhones, iPads, laptops, memory sticks, etc.) should have password protection and encrypted data, including text messages, advises Sheldon-Dean. "If it isn't encrypted and you lose the device, that's begging for penalties." And both the individual and the organization can be liable, particularly when they didn't take appropriate security measures, he adds. "New penalties for willful neglect, going into effect in 2011, will include a mandatory minimum penalty of $10,000. And the penalties can now go into the millions of dollars."

Providers should have policies and education to discourage attending physicians from communicating using non-encrypted text messages, advises attorney Heather Berchem with Murtha Cullina in New Haven, Conn. And staff should not text to a cell phone that doesn't have encryption, she adds. You can transmit unencrypted information that doesn't identify the patient, though.

Tip: Maintain control at all times of portable devices that contain PHI, advises Plowman. For example, put a cell phone with PHI on it in a holster attached to your person, she suggests.

Scenario No. 3: Curiosity Trumps Privacy Concerns

In a recent case, a UCLA researcher received a four-month federal prison sentence for reading hundreds of what were mostly celebrity and high-profile patients' records, just out of curiosity.

Take-away message: "One could question if the healthcare organization could have done more to prevent that kind of thing by limiting access to records," says Sheldon-Dean. Education is key to make sure caregiving staff know not to look at medical records of patients who aren't under their care, says Plowman. Sometimes staff will read a chart belonging to someone they know but aren't taking care of out of concern for the person, she observes. But if a staff person shares that patient's PHI with another person, that person can then tell another person -- and the patient's PHI has been "disclosed to the general public."