[oooooooooo]

This kind of thing makes me think that health care for health professionals is like dating a coworker at any job--don't %$@& where you work.

And that's a pity, because with HIPAA in place, these things should not happen.

It is the patient's right to refuse procedures/treatments. If you have worked there for 8 years, then you should know whether or not the blood draw was in the written hospital protocol. If it was not and you had not engaged in any illiegal activity (DUI), then why did you not question the blood draw at the time? There was no law broken by you.

Maybe I'm suspicious by nature, but I don't think that the whole story is being revealed here.

[ERRNTraveler]

I agree- I would be refusing if someone tried to draw labs on me if I injured my ankle- unless it required surgery, there was no reason for them to draw labs.

[BlueRidgeHomeRN]

Originally Posted by kmoonshine

Yes, it is a HIPPA violation; she in no way was providing care to you and therefore, had no reason to be accessing your records. She should be fired - seriously, this isn't an "Oops, I didn't know" situation. To some people, personal health information is extremely private to them, and if it were me, I would be beyond furious.

Also, why did they draw an ETOH level? Unless you were injured on the job or were driving, there was no reason for them to draw it. And they should have at least told you.

In our ED, patients who claim they are injured on the job (and whose employer requires a drug test in order for them to file a workman's comp) are escorted down to the lab where a trained lab person collects the sample required from the employer. The patient knows they are having blood/urine collected for drug screening. To us, we are treating the sprained ankle, not the ETOH (unless someone is obviously intoxicated, can't verbalize mechanism of injury, can't walk and has no one to pick them up - we draw to assess levels and determine when it would be safe to discharge the patient...we have held people for many hours). In your case, a sprained ankle does not require an ETOH level to be drawn, IMHO.

I would definately start documenting the dates and times that the above events occured. I would also immediately seek legal advice. And, I would not talk to anyone at work about what happened - don't mention drinking, don't mention the charge nurse approaching you, don't mention the ED drawing labs. All they need to know is that you sprained your ankle.

It's up to you to attend the meeting tomorrow with the charge nurse - I suppose it would clarify what you have already suspected (that she accessed your personal health records illegally). But don't mention anyting about HIPPA to her, don't question her, don't confront her - it's not your job.

Similar situation happened at my hospital - an employee came through the ED for emergent care, and one of the staff members mentioned what had happened "out of concern" to a different employee in a completely different department. This staff member was immediately fired.

I WOULD BE SUING-YOU ARE NOT "EXEMPT" FROM HIPAA PROTECTION JUST BECAUSE YOU WORK THERE.

IMAGINE IF THE ED CALLED XYZ CORPORATION ABOUT ONE OF THEIR EMPLOYEES WHO WAS DRINKING AT A SUPERBOWL PARTY AND GOT HURT. CAN YOU EVEN IMAGINE THIS HAPPENING??

SOMEONE'S HEAD NEEDS TO ROLL OVER THIS.

[mianders]

Did she say she wanted to talk to you about your accident? You said "supposedly". Maybe it is about something unrelatd, if not she is definately overstepping her bounds.

[michelle126]

Okay....this happend a couple of weeks ago and they are now calling you about it? What has happened in the mean time?

Any updates?

[flightnurse2b]

Originally Posted by michelle126

Okay....this happend a couple of weeks ago and they are now calling you about it? What has happened in the mean time?

Any updates?

yes i am curious to know the outcome of this situation as well.

it just seems strange that they would be drawing BAC labs for a fx ankle, esp since she was off duty and not at a work related event.

what you do outside of work really isnt too much of their business, and i think that you should check with the ordering MD on exactly why he/she felt it necessary to check your BAC. i would have personally refused them.

let us know how things went.

[Balder_LPN]

If any covered individual has accessed your healthcare record, beyond what they need to provide their service to you, it is a HIPAA violation, cut and dried.

The first step of taking action is to file a complaint with DSHS Office of Civil Rights (Yes, that is who investigates HIPAA violations). Lawsuits are for civil court to recover damages from someone who has wrongfully caused you an injury or financial loss, HIPAA provides for CRIMINAL penalties under federal law. that is why everyone gets so jumpy about it. the possible penalties far outwiegh any lawsuit as they may include jail!

Here are the pages to get you started

General Compliance and enforcement info
http://www.hhs.gov/ocr/privacy/enforcement/

How OCR Enforces the HIPAA Privacy Rule
http://www.hhs.gov/ocr/privacy/enfor...hipaarule.html

How to file a complaint
http://www.hhs.gov/ocr/hipaahowto.pdf

FILE A COMPLAINT RIGHT AWAY IF YOU KNOW OF A SEVERE HIPAA VIOLATION LIKE THIS!

BTW laws vary so much by locality, DON"T RECORD ANYTHING w/o consulting a lawyer! It can be criminal.

Dont say anything, tell her you cant discuss it, allow her to talk as much as she wants and then ask her to highlight your meeting in a short note.

Make your own notes as soon as you leave, dated and such, basically you are starting a chart of this case.

Now, contact a lawyer.

Oh yeah, FILE A COMPLAINT!

[BlueRidgeHomeRN]

[quote=Balder;2649922]

The first step of taking action is to file a complaint with DSHS Office of Civil Rights (Yes, that is who investigates HIPAA violations). Lawsuits are for civil court to recover damages from someone who has wrongfully caused you an injury or financial loss, HIPAA provides for CRIMINAL penalties under federal law. that is why everyone gets so jumpy about it. the possible penalties far outwiegh any lawsuit as they may include jail!
quote]

THANK YOU--it is what I meant by "suing"..was just so angry I forgot the difference between criminal and torte law!

[ERnewbieRN]

Sounds to me like somebody smelled the alcohol on your breath and was curious to see "just how much" you had drank. And it also sounds to me like a total violation of your privacy! Not to mention the HIPAA violation, where your charge nurse knows about your BAC that night!

However... I'm not sure if it's the same in your hospital's ED, but in the ED I work in, alcohol levels and drug screens obtained by us are not allowed to be used in court, because they are not "legally" (read: by police) obtained. Still, I'd be concerned about these employees' motives...

[Altra]

A few thoughts ...

1. Certainly the OP was aware of the blood draw. Did you not ask what was being drawn? If your ankle "looked bad" I can see someone going ahead & locking & labbing a patient on the theory that it might be a surgical issue. It's a stretch, but I can see it happening.

2. If MD was considering IV narcotic pain meds, I can see the rationale for an ETOH level. Again, a stretch, but not out of the realm of possibility.

3. I'm speaking in sweeping generalities here ... but in general, ER/EMS folks tend to be a drinking crowd. I'm just not getting why anyone in the ER would be the least bit concerned about OP's ETOH level on any kind of moral or professional basis, unless OP was sufficiently intoxicated to be ... umm ... behaving in an *interesting* manner. But I can't imagine labs being drawn, sent, and results recorded as part of the medical record just for amusement.