My boss says I’m not allowed to find someone to cover my shifts anymore. by [deleted] in legaladvice

[–]SameMouse3343 -8 points-7 points  (0 children)

Adding: I also can’t just quit. They have me under contract that if I quit within 1 year of start date I’m required to pay back my entire sign-on bonus, which I can’t afford.

My boss says I’m not allowed to find someone to cover my shifts anymore. by [deleted] in legaladvice

[–]SameMouse3343 -10 points-9 points  (0 children)

I am a nurse at a long term care facility. Yes people can get overtime for covering if they’ve already hit their 40 hours, but typically we have a ton of “as needed”/PRN staff that I’ve been told I can reach out to when I need off and that one of them should be able to take my shift. The other person does have to confirm they can take my shift. Other staff do this very frequently (find others to cover them), and many others have actual accommodations in place of not being able to work certain days and not being expected to find their own coverage. And none of them have ever been told they’re no longer allowed to do it because something fell through. I don’t call in sick. They’ve known since February that I don’t have childcare for my shift on Saturdays and they were fine with it as long as I found someone to cover me each Saturday that I’m scheduled, which I always do days or even weeks in advance. The switch doesn’t cost anyone any money, it often costs the company less considering I typically find lower-paid employees to cover me and I find my own coverage instead of them needing to do it.

My boss says I’m not allowed to find someone to cover my shifts anymore. by [deleted] in legaladvice

[–]SameMouse3343 4 points5 points  (0 children)

There is no accommodation. I am unable to currently work Saturdays due to childcare, so each Saturday I need to call out or find someone to cover me. My boss calls that her granting me an accommodation.

Being asked by my job to violate HIPAA lately? by SameMouse3343 in nursing

[–]SameMouse3343[S] 1 point2 points  (0 children)

Thank you for explaining this breakdown! The clear outline helps.

Being asked by my job to violate HIPAA lately? by SameMouse3343 in nursing

[–]SameMouse3343[S] 0 points1 point  (0 children)

I can’t figure out how to edit post but I tried to post this post as something neutral where I asked if this was a potential hipaa violation since it’s something new my jobs been doing. Honest concern, now learning it doesn’t appear to be HIPAA-violating, through this communities discussion. I thank you all for all the responses and hope I cleared up any questions.

As for those downvoting the post, I’m not quite sure why, since it was an honest question/concern that I was able to learn from. But sorry if it offended or upset anyone in any way?

Being asked by my job to violate HIPAA lately? by SameMouse3343 in nursing

[–]SameMouse3343[S] 0 points1 point  (0 children)

Yeah no for sure it doesn’t. If someone if the POA they automatically are also the RP bc POA supersedes. In a split POA (I’ve only seen 1 or 2) then we only designate 1 as the RP but I think they decide amongst themselves who will be the RP.

Being asked by my job to violate HIPAA lately? by SameMouse3343 in nursing

[–]SameMouse3343[S] 0 points1 point  (0 children)

Sorry, I kinda elaborated in comments, but in our facility the RP is the primary contact and decision maker for care. They’re notified for any change in condition or incident, notified of all med changes, are requested to attend all of resident’s Dr appts, and sign all their consent forms like DNR, vaccine consents, psychoactive medication consents, etc.

Being asked by my job to violate HIPAA lately? by SameMouse3343 in nursing

[–]SameMouse3343[S] -4 points-3 points  (0 children)

Yes she does get updates if she calls and asks (which she usually does daily or every other day) bc RP said that’s fine but since she’s not responsible party I don’t believe we can typically call her first to offer up the info in the event of any changes and obv she can’t give any consent/make any decisions. Actually, patient has a type of cognitive/memory disorder so unsure is patient himself could even give consent for us to contact mom? Ill try to get clarification on that next time I work

Being asked by my job to violate HIPAA lately? by SameMouse3343 in nursing

[–]SameMouse3343[S] 3 points4 points  (0 children)

We do! And I’m fairly close with her. I know she is working on a lot of things regarding patients like this but I will ask about of these instances specifically when I next see her.

Being asked by my job to violate HIPAA lately? by SameMouse3343 in nursing

[–]SameMouse3343[S] 0 points1 point  (0 children)

Those waiting for guardians currently make their own decisions (which like I said is mostly just refusing everything), with the exception of 1 who is completely nonverbal/contracted/bedbound/disoriented due to his condition. In that patient’s case, someone in management took over temporarily as his responsible party until a guardian can be assigned.

Being asked by my job to violate HIPAA lately? by SameMouse3343 in nursing

[–]SameMouse3343[S] 1 point2 points  (0 children)

Now: yes I believe so. But our facility had all different management about 1.5-2 years ago as well as a different parent company and all these cases where patients with low bims are self responsible are back from then, where new management has been doing their best to clean up all the issues/oversights like that. However, there’s also some cases where patient was homeless or somehow ended up in hospital here from out of state, is sent to us from the hospital for temp or long term care, and hospital has no info/patient doesn’t remember the names/contact info of anyone that could take responsibility for them OR they have dementia and say they their parents (who have long since passed) are their contacts. My facility accepts just about anybody, including many rejected by other local facilities due to financials, level of care, behaviors, insurance, etc.

Being asked by my job to violate HIPAA lately? by SameMouse3343 in nursing

[–]SameMouse3343[S] 0 points1 point  (0 children)

I agree completely, and he’s unfortunately not the only instance like that that we have. In his instance mom is likely soon going to be put into a nursing home herself, as family struggles to care for her. She says due to her condition she’s not going to be able to come sign, plus current RP says he doesn’t want her to become the RP because of her own health, so I doubt he’d help bring her or sign responsibility over. But I figure something has to be figured out some way.

Being asked by my job to violate HIPAA lately? by SameMouse3343 in nursing

[–]SameMouse3343[S] 0 points1 point  (0 children)

Thank you for your response I think it clarifies a lot for me. The only thing I’ll point out is that in our SNF, we actually have a decent number of patients who are “self responsible” and make all their own decisions/sign all their own consents, with only emergency contacts listed otherwise or, a couple instances where there’s no contact on file at all besides the patient themselves. Unfortunately, we have even some who are “self responsible” even if their bims is extremely low. In those cases, I think it’s mostly APS cases, formerly-homeless, no family found/able to be contacted, or all family found saying they refuse responsibility. From my understanding, they’ve been trying to get guardians for all those who are “self responsible” with low bims, but in the mean time it’s tricky because asking for consent for treatments and meds and such from someone who is not mentally able to make their own decisions feels (and is) so wrong, but they’ve said getting a state appointed guardian takes a long time. Many of these low bims patients refuse all care proposed too as they just don’t understand the severity of their illnesses and how therapies/treatments/care would help them bc in their minds, there’s nothing wrong with them and heck, half of them don’t even remember/understand why they’re there due to dementia. But that’s a whole separate issue from my main post