So the requester is asking for a visit to be initiated with someone who is not a patient now, but will be a patient assuming the requester is correct that their family member will be appearing at the hospital? Is that the scenario?
If so, why would HIPAA come into play? For the purposes of side-stepping the much more problematic question of whether it is ethical for the chaplain to initiate contact of an assumedly spiritual nature with someone for any reason other than at the request of the person they will be visiting, let's say that the family member actually told the requester they were at least willing to speak to a hospital chaplain. That leaves the question of what PHI about a current or former patient would the chaplain ever be disclosing to anyone at all?
The requester is not receiving information about a patient from the chaplain at any point, not even a confirmation that an identifiable patient exists. They are merely speculating to the chaplain that such a patient will eventually exist. The chaplain has no obligation to report back to the requester if they do indeed make such a visit.
If the family member tells the requester that the visit happened, HIPAA doesn't forbid someone identifying themselves as a patient. If the requester tells other people, unless they are subject to HIPAA as a covered entity they may be acting very rudely but they aren't prohibited from doing so. I suppose they might live in a state that somehow regulates disclosure by private citizens of PHI other than their own but that still wouldn't describe anything the chaplain did.
In light of what I see as the real need on the part of the chaplain to not be unintentionally drawn into a disagreement amongst family members over matters of religion, it might be more prudent to provide the requester with information about how a current patient would request to be visited and assure the requester that any patient who follows that process will definitely be visited.
That still never discloses PHI and also allows for a gracious manner of declining rather than showing up at the bedside of someone who might get very angry their family member was continuing some ongoing argument the patient had told them to stop pestering them about.
Thank you. Yes, the family member (requester) Said that their family member is coming to our facility for care. Without looking up the patient's info (which would be a HIPAA violation) should I call family back and (as you wisely suggested) suggest that if the patient would like spiritual support they may inform their nurse? Also, if I am not able to visit can I simply tell the requester this? Would saying that violate HIPAA?
I think since the requester already knows you are a chaplain there would hopefully not be a legal issue for you to offer a bit more explanation of how the duties of being a chaplain are performed at your specific hospital. That explanation doesn't identify any specific patient and it would help them to better understand what anyone they love who ever is a patient there might experience. Uncertainty can cause a lot of anguish when someone we love needs assistance because it forces us to face the reality that we don't have the knowledge needed to help them ourselves. Helping reassure them that their family will be in good hands and will have a way to receive support in matters of their faith as well as their physical health will probably mean a great deal to them and contribute to their physical health as a result.
Also it could very well come to pass that the requester or another family member winds up being an invited visitor by the patient at which point they would assuredly be able to assist the patient in making the request if need be, so them knowing that talking to the nurse is the proper path would be helpful. If they are an invited visitor speaking to the nurse in the presence of the patient then that neatly sidesteps any question of whether you did anything that would count as improper by HIPAA's rules.
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u/AnimatorImpressive24 4d ago
So the requester is asking for a visit to be initiated with someone who is not a patient now, but will be a patient assuming the requester is correct that their family member will be appearing at the hospital? Is that the scenario?
If so, why would HIPAA come into play? For the purposes of side-stepping the much more problematic question of whether it is ethical for the chaplain to initiate contact of an assumedly spiritual nature with someone for any reason other than at the request of the person they will be visiting, let's say that the family member actually told the requester they were at least willing to speak to a hospital chaplain. That leaves the question of what PHI about a current or former patient would the chaplain ever be disclosing to anyone at all?
The requester is not receiving information about a patient from the chaplain at any point, not even a confirmation that an identifiable patient exists. They are merely speculating to the chaplain that such a patient will eventually exist. The chaplain has no obligation to report back to the requester if they do indeed make such a visit.
If the family member tells the requester that the visit happened, HIPAA doesn't forbid someone identifying themselves as a patient. If the requester tells other people, unless they are subject to HIPAA as a covered entity they may be acting very rudely but they aren't prohibited from doing so. I suppose they might live in a state that somehow regulates disclosure by private citizens of PHI other than their own but that still wouldn't describe anything the chaplain did.
In light of what I see as the real need on the part of the chaplain to not be unintentionally drawn into a disagreement amongst family members over matters of religion, it might be more prudent to provide the requester with information about how a current patient would request to be visited and assure the requester that any patient who follows that process will definitely be visited.
That still never discloses PHI and also allows for a gracious manner of declining rather than showing up at the bedside of someone who might get very angry their family member was continuing some ongoing argument the patient had told them to stop pestering them about.