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Laws and Regulations

This area deals with identifying and interpreting the impact of government regulations and law on the organization; identifying the need for and working with others to develop new regulations and laws; investigating, monitoring, documenting, and enforcing existing statutes; and maintaining communication and cooperation with both public and private organizations.

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HIPAA and the ED Whiteboard

Posted by: Shari Welch on October 30, 2009 at 4:12PM EST

This is news you can use. Often there is confusion over whether or not patient identifiers and names can be posted in clinical areas like the ED or OR. According to Sarah Fontenot BSN, JD and teacher in the BOG Review Course, safety always trumps privacy appropos of HIPAA. She states this is even on the HIPAA information website with examples of the whiteboard as NOT a violation.

I find much confusion over this in hospitals and without having visible showings of which patient is where in the ED and on other clinical units, you increase the risk of medication errors, wrong tests and treatments in the rapid fire clinical areas. Without a roster like this that is easily visible to staff you are inviting sentinel events.

Take this back to your ED's and they will love you for it!

Shari Welch, MD

Send This | Categories: Law

(4) Comments

Posted by: Anthony Warmuth on October 31, 2009 10:52AM EST

If you E.D. white board includes PHI I suggest not using the patient's name on the white board and an identifying number instead. Since any treatment will require patient identification at the point of service the white board isn't really needed for patient identification. I agree that patient safety trumps HIPAA requirements. I think strategic placement of these boards to minimize view in public spaces can help mitigate any patient experience/privacy fall-out.

Posted by: Michele Petersen on November 1, 2009 6:28PM EST

Using a white board is very important for patient communicaiton and safety. Strategic placement is imparitve to minimize public viewing of the board. Using an identification number is smart as well as never placing the patient name on the board. Patient safety must be the number 1 goal.
This can also be an issue when placing identification on a tele monitor system. PHI is important yet nursing must be able to identify which strip is assocaited with each patient quickly, safely, and timely.

Posted by: Patrick Murtha on November 5, 2009 5:50PM EST

Interesting comment and right on the mark. I will share an interesting story with this associated topic. Within our hospital community we had an irate retired judge that was fuming over the fact that we called him by his first name (to arrvie into a treatment area) so that we did not have to reveal his full name - out loud, adjacent ot other patients in a waiting room setting. I explained our challenges related to HIPPA legislation. He chose to simply scold us and remind us that we were niot being respectful of his age and status in our community. The morale of the story is that sometimes , even doing the right thing, we will or cannot please everyone.

Pat Murtha

Posted by: William McNally on February 22, 2010 11:48AM EST

While I agree with the premise that this may be allowable under HIPAA and is paramount in protecting patient safety there are another set of regulations that need to be reviewed (CMS conditions of participation). The CoPs require patient confidentiality and this becomes problematic with whiteboards in plain view within inpatient units. In Missouri, we have had to struggle with both the State survey agency and the CMS on the use of whiteboards.