Yet another HIPAA/ethics question

[Proserpina]

What is the name of your state (only U.S. law)? WA


My adult stepdaughter's friend's infant son died on Friday. The autopsy was done over the weekend.

SD has a different friend who works as a records clerk (referred to as RC) in the ME's office. SD was upset about the death, and happened to mention it to RC.

RC then asked her the name of the child; SD gave RC the name and RC then did some digging. She told SD the preliminary cause of death and mentioned the presence of certain substance that may trigger at least an investigation. They discussed this in depth.

The problem is, none of these results have been released - and the family knows NOTHING about this. They have been told nothing at all.

SD then called us this afternoon, and told us everything she knew.

I'm extremely uncomfortable with this as I feel it's a major breach of ethics - but did RC do something illegal there?

Again, there is no official COD and no information has been released or published at all. If RC was willing to dig into records and tell SD...who else is she sharing info with?

Would this compromise a criminal investigation?

I know this is a bit rambly, and for that I apologize. But most of you know how I am.

 

[lealea1005]

What is the name of your state (only U.S. law)? WA


My adult stepdaughter's friend's infant son died on Friday. The autopsy was done over the weekend.

SD has a different friend who works as a records clerk (referred to as RC) in the ME's office. SD was upset about the death, and happened to mention it to RC.

RC then asked her the name of the child; SD gave RC the name and RC then did some digging. She told SD the preliminary cause of death and mentioned the presence of certain substance that may trigger at least an investigation. They discussed this in depth.

The problem is, none of these results have been released - and the family knows NOTHING about this. They have been told nothing at all.

SD then called us this afternoon, and told us everything she knew.

I'm extremely uncomfortable with this as I feel it's a major breach of ethics - but did RC do something illegal there?

Again, there is no official COD and no information has been released or published at all. If RC was willing to dig into records and tell SD...who else is she sharing info with?

Would this compromise a criminal investigation?

I know this is a bit rambly, and for that I apologize. But most of you know how I am.

It is a HIPAA violation and may interfere with a potential criminal investigation. RC, most definitely, signed a confidentiality agreement and went through mandatory HIPAA training upon being hired. She knew better. IMHO, she needs to be fired.

What a dilemma for you.

 

[Proserpina]

Thanks, Lealea - I was actually hoping you'd stop by

On the one hand, I don't particularly relish the idea of a single Mom getting fired for being a gossip.

But on the other hand? What she did/is doing is just plain wrong and it's doing the whole system a grave disservice.

Plus, if it becomes a criminal investigation - well, that changes the whole game!

 

[lealea1005]

She may argue that the information is public record, but it's not made public until the entire investigation is completed. There will be a record of her accessing the file and she'll have to answer to that.