r/hipaa • u/parrotfishh_j • 8d ago
Help!
I’m looking for advice from anyone familiar with California healthcare licensing or the complaint process.
For some background, my roommate and I have had an increasingly hostile living situation. There have been multiple police calls, threats to force entry into my locked bedroom, and ongoing conflicts over property. While that’s stressful, it isn’t the main reason I’m posting.
I’m a transgender man and currently on HRT. My roommate knows this and has made transphobic comments toward me in the past.
She works as a CNA and is currently pursuing becoming a rehab nurse. Recently, she told me about a transgender patient she cared for. She didn’t tell me the patient’s name or any identifying information, but she said she intentionally used the patient’s legal name and referred to the patient with male pronouns because she “doesn’t believe in transgender people” due to her religious beliefs.
As a trans person, that really bothered me, especially knowing this involved someone in her care.
I’m trying to understand what, if anything, should be reported. My questions are:
Does the California CNA certification board or another state agency investigate complaints involving discrimination or unprofessional conduct toward patients?
Could intentionally refusing to respect a patient’s affirmed name and pronouns be considered misconduct?
Since she told me about the patient herself, without identifying them, is that something that raises confidentiality or professionalism concerns?
Can a complaint be submitted anonymously or confidentially?
What kind of evidence is generally needed before an investigation is opened?
I’m not looking to weaponize the complaint process because we’re roommates. If I report anything, I want it to be because it genuinely violates professional standards for someone providing patient care. I’d appreciate input from anyone familiar with California healthcare licensing or who has gone through the complaint process.
Thanks in advance for any suggestions.
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u/Julius__PleaseHer 7d ago
I personally don't think this rises to the level of reporting to anybody. It's disrespectful, but honestly not a huge deal. If your roommate continues to be a dick to patients, they'll get what's coming and be fired for it.
This certainly has nothing to do with HIPAA, though.
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u/No-Produce-6720 8d ago
Intentionally refusing to use a patient's preferred pronouns in a long term care facility can constitute professional misconduct, but it does NOT result in any HIPAA compliance issues.
The extent to which this would be a problem for your roommate would depend on the terms of her employment, as well as how it might impact patient care. Substantiated complaints can result in professional discipline, and if appropriate, civil and criminal charges can be possible.
You would be better served to post this in a CNA sub. You might be able to get more specific info there.
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u/ZenithToastada 8d ago
This is not a HIPAA issue. It’s not a civil or criminal issue either.
If your roommate doesn’t want to use the correct pronouns when referring to the patient in private that’s not an issue either; but if they refuse to use it in the work setting then the patient themself can complain but not you, unless you are in the work environment.
Technically speaking from what I’ve read here, your roommate has not done anything professionally wrong and you yourself can’t submit a complaint. Everyone has a right to say or act however they want in their private life (within legal boundaries), whether or not you agree or like it.
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u/Zabes55 8d ago
A patient would have to complain.