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Hippa violation?

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brooklynn105

Junior Member
What is the name of your state (only U.S. law)? NM
My wife is a nursing student who was doing a clinical rotation at a location ran by our local school district. She posted something on facebook about something that happened to her that day. The only information she made about the kid was gender and age. No other identifiable information. As I said the post was all about the event. No medical history or information was posted. So this week somebody showed her post to the dean of the school and they kicked her out of school for a hippa violation. I don't believe she committed a violation. Can anyone help or have any advice?
 


CdwJava

CdwJava

Senior Member
I suspect that whoever made the decision felt that the information posted was unique enough that it could have identified the student involved. Many providers are skittish of anything that might remotely smack of a HIPAA violation. It will take someone who is familiar with the laws in NM and the particulars of the program and the information posted to help her through the process of contesting this decision.

Presumably there is an appeals process to dismissal from the school program. She should look into that immediately. She might also want to consider speaking to legal counsel to see what rights she might have with regards to an appeal or to preserve her position in the program.
 
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brooklynn105

Junior Member
Thank you for the advice. Even if the boy was identified the post had nothing to do with anything medical. Isn't that what hipaa covers? Privacy for medical information and history. Or do they use it as a sort of catch-all?
 
CdwJava

CdwJava

Senior Member
brooklynn105 said:
Thank you for the advice. Even if the boy was identified the post had nothing to do with anything medical. Isn't that what hipaa covers? Privacy for medical information and history. Or do they use it as a sort of catch-all?
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It can vary to some degree by state.

If the post contained sufficient identifying information that the child could be readily identified by at least some people, it may be sufficient to support such a claim. It's likely that the program is erring on the side of caution here - to protect their tail end.

She really needs to look into the appeals process right away, and may want to speak with an attorney versed in HIPAA and/or education law as well. The longer she is out, the further behind she will be. It could very well be that some accommodation can be reached where she agrees to take am "Oh, poop" in her file and suck it up as a learning lesson in exchange for being permitted back into the program at a different site. But, I would encourage her to move now, not later.
 
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Iwonder?

Member
stealth2 said:
It's okay, Carl. Few of wonderboy's posts make any sense.
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Oh! can WONDERBOY be my new handle? Cool. Thanks Stealth!


Sorry Carl, when I think of privacy I think of HIPPA then my warped mind turns to The PATRIOT act, I did not mean to bring up sensitive subjects on this board.


I hope it will not happen again. *(stupid Wonderboy)*


Holy way to make a bad impression wonderboy!

I am so liking my new nick-name. maybe too much.
 
CdwJava

CdwJava

Senior Member
Iwonder? said:
Sorry Carl, when I think of privacy I think of HIPPA then my warped mind turns to The PATRIOT act, I did not mean to bring up sensitive subjects on this board.
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It's not "sensitive," it's just not relevant. You might as well have blamed the Patient Protection and Affordable Care Act ("Obamacare") as that would have been just as pertinent to the matter.
 
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