A nurse is assigned to a unit other than the one she is normally assigned due to increased census on the alternate unit
She is assigned to care for seven patients and participates in walking rounds where the patient's condition and needs are discussed between oncoming and off-going shifts of the interdisciplinary team. The nurse carefully makes notes of all pending orders and prioritizes needs. The nurse enters the cafeteria later and the notes accidentally fall from her pocket, which contain the above information that contains patient sensitive data. The liabilities arising from this incident would be covered under:
a. the Health Insurance Portability and Accountability Act.
b. the ANA Scope and Practice Act.
c. affirmative duty failing to question order.
d. personal liability with floating and cross-training.
ANS: A
Correct: HIPAA protects patient information and ensures confidentiality of data.
Incorrect:
b. The ANA Scope and Practice Act focuses on quality of care rendered rather than disclosure of patient information.
c. Affirmative duty refers to nurses' responsibility to question physician orders when they have a concern about them.
d. Although the nurse was floating to another unit, the issue is the accidental sharing of confidential data not whether the nurse had the skills and training to work on the unit.
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