Privacy Problem Causes Real-Life Drama
There's been quite a buzz at ADVANCE headquarters about the television phenomena "Nurse Jackie" and "HawthoRNe." Staffers wonder: is it realistic, do nurses approve of the portrayal and--at least around the HIM desk--how many HIPAA violations can they pack into one episode?
If the writers are anything like the "Law and Order" crew and want to rip something straight from the headlines, here's a perplexing plot. Concerned about a physician's practices, two nurses file a complaint with the state medical board. Drama ensues when the nurses end up being the ones facing potential jail time. Oh the irony!
How does such a story unfold? According to the Star-Telegram, the nurses listed the medical record numbers for 10 patients in the complaint, without asking patients' permission first. A sheriff's investigation found the patients didn't want to voice any qualms about care; therefore, the nurses were charged with misuse of information.
The Texas Medical Board and state Nurses Association oppose the charges, arguing there was no threat to privacy because complaints cannot be subpoenaed. And besides that, the medical board is exempt from privacy laws, so including record numbers in a complaint doesn't violate HIPAA, the article reported.
The article alludes to some bad blood between the nurses and physician--the doc claimed he was being harassed--which would make it all the more juicy for TV. Throw in a shrill patient who is mortally offended by the alleged invasion of privacy and a judge fed up with medical community tiffs and it may just be enough to keep a few keisters on the couch for a whole episode.
For now, the story ends with that notorious cliffhanger "To be continued..." How do you think it will end? Were the nurses out of line, or are they the victims of overregulation?