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Is it a HIPPA violation?



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  #11  
Old Feb 07, 2008, 07:21 PM
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Join Date: May 2002
Re: Is it a HIPPA violation?

Originally Posted by Batman24 View Post
My guess as to why they ran a BAC was because they feared a lawsuit as it was a "work party" and wanted to be able to prove you were intoxicated at the time. Clearly you weren't over the legal limit and clearly they crossed the line.
There is no indication that it was a related"work party"....just getting together with fellow nurses.

And I believe that the OP should ask the charge what the topic is. And if it is related whatsoever to the BAC...she needs to have a witness or a tape recorder with her.

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  #12  
Old Feb 07, 2008, 07:31 PM
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Join Date: Oct 2007
Re: Is it a HIPPA violation?

that is deffently a HIPPA violation.

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  #13  
Old Feb 07, 2008, 07:36 PM
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Join Date: Oct 2007
Re: Is it a HIPPA violation?

i would speak to the hosptials privacy persion that deals with hippa violations that might be a good and i would also tape record the conversation with your boss or take a witness its better to be safe than sorry.


Last edited by firstaiddave908 : Feb 09, 2008 at 06:22 PM.
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  #14  
Old Feb 07, 2008, 07:45 PM
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Join Date: Dec 2006
Re: Is it a HIPPA violation?

Originally Posted by caroladybelle View Post
There is no indication that it was a related"work party"....just getting together with fellow nurses.

And I believe that the OP should ask the charge what the topic is. And if it is related whatsoever to the BAC...she needs to have a witness or a tape recorder with her.
I agree. I took it as a get together the same way you did and put "work party" in quotes because I thought perhaps that would be the lame excuse given. That still wouldn't make it right. I hope they are held accountable.

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  #15  
Old Feb 07, 2008, 08:00 PM
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Wink Re: Is it a HIPPA violation?

Howdy everyone! It's HIPAA (not HIPPA), Health Insurance Portability and Accountability Act. I know, it's sooooo tempting to spell it HIPPA. I do think they crossed the line in that ER though! It will be interesting to see what happens here. I agree, it should be up to each individual to share their information if they desire, but I know many people feel totally free to share everything and anything. That should be their choice.

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  #16  
Old Feb 07, 2008, 08:37 PM
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Join Date: Sep 2003
Re: Is it a HIPPA violation?

I have seen docs draw a BAC level if the patient needed narcs for pain but otherwise can't see any reason for an isolated ankle injury.

Sounds a little fishy to me that they would call you in and I agree that you need to either bring a tape recorder (and tell them you will be recording the conversation for your own protection) or a union rep if you have one.

I know for a fact if I came in to my ED for an xray they wouldn't draw any blood, they would write for an out-pt xray and read the films while I watch tv in the break room (as they did for a knee injury last winter). The only time I would have to sign up as a patient is if I wanted meds.

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  #17  
Old Feb 07, 2008, 08:52 PM
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Join Date: Oct 2001
Re: Is it a HIPPA violation?

Did they tell you at the time of the blood draw it was for BAC, or did the doc explain his rationale after the fact?

If they did not tell you at that time it was for BAC, what did they say they were drawing blood for?

I would also be supremely PO'd. Agree with having a lawyer retained, and both taping it and having a witness or union rep with you.

Isn't there some kind of law where you have to disclose to the person you're talking to that you are tape recording them? Not sure, but you don't want to tape it and then have it be thrown out because it was "illegally obtained evidence" or something like that.

Have you ducks in a row before you go to this meeting - if you go.

None of their business what you do in your off time as long as it isn't illegal, and as long as you aren't expected back at work when you would still be under the effects.

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  #18  
Old Feb 08, 2008, 01:43 AM
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Re: Is it a HIPPA violation?

Originally Posted by DixieNurse2244 View Post
supposedly about my alcohol level that night.
Maybe I'm reading too much into the supposedly, but I have a feeling that it's significant. Did the charge nurse herself call you and explain what she wanted to meet about? Or is the alcohol level issue something that you've gotten through the grapevine?

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  #19  
Old Feb 08, 2008, 04:25 AM
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Join Date: Feb 2007
Re: Is it a HIPPA violation?

Originally Posted by ERNurse752 View Post
Isn't there some kind of law where you have to disclose to the person you're talking to that you are tape recording them? Not sure, but you don't want to tape it and then have it be thrown out because it was "illegally obtained evidence" or something like that..
If it were me, I wouldn't care what the legalities are....I would record it anyway...no one but YOU and the attorney you hire should know about the recording...and the attorney is bound to confidentiality.

No one can have you charged with collecting illegal anything if you don't tell anyone...to me, it's the same with phone conversations...record it first, ask questions later...once the moment is gone you may not ever get it back.

I also agree with Eric...that there may be a possibility that it's just a coindidence.

However, if they ask anything about the BAC or bring it up, don't paint yourself into a corner and answer any questions about what you did that night AT ALL! I would just say, "I appreciate your concern...and I don't want to be negative or disrespectful in any way...but I was on my own time, I was not scheduled to report for a shift, I wasn't driving, this was not a work-related event, and I am of legal drinking age. I don't feel comfortable discussing what I believe, is a private medical matter that I came to this hospital to seek treatment for."

I wouldn't answer another question if they ask it and just keep repeating, "I understand your concern, but again, it's a private medical matter"...if you walk into that place with an attorney, I fear that will be too-confrontational and could put your job at risk.

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  #20  
Old Feb 08, 2008, 04:31 AM
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Join Date: Oct 2001
Re: Is it a HIPPA violation?

[quote=Hopefull2009;2649445]If it were me, I wouldn't care what the legalities are....I would record it anyway...no one but YOU and the attorney you hire should know about the recording...and the attorney is bound to confidentiality.

No one can have you charged with collecting illegal anything if you don't tell anyone...to me, it's the same with phone conversations...record it first, ask questions later...once the moment is gone you may not ever get it back.}quote



My point is though, in a worst case scenario, if you have illegally obtained evidence...it doesn't count as evidence at all, it counts as it never happened. Not much help.

So if you do anything, do it right so you don't hurt yourself in the end.

You don't need to march in there with an attorney present (highly doubt they'd do that anyway,) but it wouldn't be a bad idea to consult one before this meeting, if you think it is necessary.

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