SDSU Angry and Hostile Phone Conversation Discussion Response
Description
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Student Reply That Needs to Be Responded to:
response 1: Leonard
In the scenario, the unintentional discovery of the mother’s history is not a violation of HIPPA. This is more of a grey area when it comes to HIPPA, as the therapist’s supervisor may be involved in the mother’s care, or they may be both involved. Also, given the nature of the call with the angry and abusive language from the patient’s mother during the call, there is the idea of maintaining a safe environment for both staff and patients because the mother now has created a security issue for the staff. Her mental health diagnosis now becomes pertinent information to keep everyone safe including the mother if she were to enact any threats that may have been said. Another issue is the fact that both the supervisor and the therapist have access to medical records and can see the same information and it may be the supervisor who may have to change the documentation or may have to sign off on the change. Now, if this information was freely given to other therapists with patients also hearing this, then yes it would be a violation. The supervisor should make sure the necessary corrections to the record are made and be prepared to deal with the mother if she should call again. The supervisor should also use the information from the therapist to ensure a way to diffuse any situation that may arise. In this case, the patient should not be notified unless the patient sees the documentation before the correction. In that case, the supervisor should contact the patient and explain the issue of having multiple patients with the same last name. This is not a black-and-white case based on the information given and should not be considered a breach. It would be different if there were family members around listening or other patients or those outside of the therapist and supervisor who know of the diagnosis and word gets back to the patient.
Original Discussion Prompt:
A physical therapist receives a phone call from a woman demanding to know when her daughter-in-law’s next appointment is. The therapist tells the woman that she cannot disclose any information, and the woman becomes very angry and abusive, threatening to make a complaint. After the phone call, the therapist logs into the electronic medical record system to make a note about the conversation. However, since the two women share the same last name, the therapist accidentally accesses the woman’s record instead of the daughter-in-law’s record. The therapist realizes the mistake, but not before spotting that the woman suffers from a serious mental health disorder, which might explain her behavior on the phone. The therapist mentions to her supervisor the possibility of a complaint being brought and also mentions that the woman has a history of mental health problems. Do you feel that there has been a breach of confidentiality? Why or why not? How should the supervisor handle this situation? Should the patient be notified?¡
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