Hospital Gave Out Confidential Information

[deadwoman360]

I wasn't sure where to post. A month ago my aunt was in hospice care for 2 days, before passing away. She had cancer, and was on a lot of strong narcotics. All of the medications were left at her home. Before she passed, my family members(not myself) went to her home and gathered them all, before her home care nurse could. My family was discussing taking the pills for their own use or selling them. I live in another state, but I tried to tell them to do the right thing and turn them over to her Doctor. They wouldn't hear of it. So, I placed a call to the hospice, telling them the situation and was assured it would remain confidential. I gave them names of the persons who had them, drug names, and their intent to use or sell. I was told that they were going to ask for the medications, but that never happened. Shortly thereafter, my brother called me, stating that the administrator had called him, and reported everything I had said, including my contact info. The admin also said that I was trying to disguise my voice. Which I never did. Also stating that I was concerned that when my aunt died, my brother was alone with her. Which I never said. I just wanted to do the right thing, by keeping these drugs off the street, and insure that they would't proffit from my aunts death. Now because of this, my entire family knows what I did, and refuses to talk to me. I've tried calling the admistrator on several occassions, leaving messages. What if anything can I do legally? Were hipaa laws violated or breech of confidentially? Also, I believe the admin knows my sister-in-law, who's also in the healthcare industry. Any advice would be helpful. Thanks!'

[aardvarc]

The taking of medications you're describing doesn't fall under hippa - the patient is deceased. What it DOES fall under is "crime" - it's illegal to take or sell medication prescribed to another person. The RIGHT thing would have been to call the police and tell them that your family members are attempting to become drug dealers. A hospice isn't a law enforcement agency - there is absolutely NOTHING they could have done with the information you gave them, except report the potential criminal activity to police. They have no legal ability to make the thieving family members give up the medications, dump them, return them, or do anything else with them. They also don't have to treat a "witness" or "informant" as confidential.

[Who'sThatGuy]

If the hospice care didn't release any information about your grandmother then HIPAA privacy rules were not violated.

All they stated to your brother is that you called and told them about the medication. This isn't a HIPPA violation due to the fact that they haven't disclosed any information about your grandmother.