Monday, May 31, 2010

HIPAA and Texting: Is THIS a Violation of Rules and Regulations?

I love texting.  It's quick and it allows me to answer my questions on my own schedule.  I don't have to stop what I'm doing to answer my phone or go find a land line to respond to a page. If I get a text  I  can determine the urgency of the communication  and I can return the call when I get a chance.  I also like texting  doctors with requests for consults or with questions or to let them know things that are important for patient care.  Bronch cultures came back positive?  I just send them a text.  Communication makes things happen faster inside hospital walls.  However, sometimes communication fails.  Take for example my own partner who changed cell phone numbers on me.  If I was told, I forgot.  Oops. I'm covering for her patients when I get a call from the nurse that Mr COPDer has passed away.  I send my partner a text
Mr COPDer from room 621 died at 16:27 on 5/27/10.  FYI.
Two minutes later I get a call back from some soft spoken dude (who sounded stoned) on the other end asking me who I am.  I told him I was a physician. He said he didn't know what COPDer meant.  I said never mind.  I have the wrong number.  Now stoner dude knows that Mr COPD died. I guess Mr Stoner has access to your medical information.  That's what happens when text numbers aren't updated. I don't know all the rules and regulations of HIPAA, but something tells me a text like this may be a HIPAA violation from the grave.  What do you think?  Would a text confirming  the death of a patient to the wrong party  be an example of a HIPAA violation?  If so, maybe no communication is better than some.
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