Is this a HIPAA violation

avalynn · Oct 19, 2006

Thanks to those of you that replied to me. If someone of you think I am the person I'm writing about you are wrong. My friend is in nursing school along with me but we haven't really started the nursing part. We are just in our general studies. If we were in the nursing part I'm sure we know about Hipaa so we wouldn't have to ask this question. My friend only confided in me because her parent's are her other sister in California helping her set up her new dental practice. She didn't want to worry them out there so she sat me down last night and asked me what she thought she should do. My mom is a nurse and comes to this board so I thought I would ask you nurses. I wanted to ask my mom but my friend is so embarrassed over her hospitalization that she didn't want me to. My friend told me that she never has told anyone other than her parents(who were with her) and her two sisters. Plus, she said this girl always tells her that she has seen her medical records and she know she was in the hospital for depression and addiction. She is going to go to the hospital tomorrow and talk to the person in charge of Hipaa violations. She said she is tired of this being held over her head and is having a hard time concentrating at school. I just told her she has nothing to be ashamed of but for some reason she is. I think I will ask my mom about it and just leave out my friends name as soon as she gets off of work. She works 3-11 so she should be home soon. I will update you after she goes to the hospital. I may go with her for support if she'll let me. Thanks for the replies. I have shown all of them to her.

HeartsOpenWide, RN · Oct 19, 2006

Thanks to those of you that replied to me. If someone of you think I am the person I'm writing about you are wrong. My friend is in nursing school along with me but we haven't really started the nursing part. We are just in our general studies. If we were in the nursing part I'm sure we know about Hipaa so we wouldn't have to ask this question. My friend only confided in me because her parent's are her other sister in California helping her set up her new dental practice. She didn't want to worry them out there so she sat me down last night and asked me what she thought she should do. My mom is a nurse and comes to this board so I thought I would ask you nurses. I wanted to ask my mom but my friend is so embarrassed over her hospitalization that she didn't want me to. My friend told me that she never has told anyone other than her parents(who were with her) and her two sisters. Plus, she said this girl always tells her that she has seen her medical records and she know she was in the hospital for depression and addiction. She is going to go to the hospital tomorrow and talk to the person in charge of Hipaa violations. She said she is tired of this being held over her head and is having a hard time concentrating at school. I just told her she has nothing to be ashamed of but for some reason she is. I think I will ask my mom about it and just leave out my friends name as soon as she gets off of work. She works 3-11 so she should be home soon. I will update you after she goes to the hospital. I may go with her for support if she'll let me. Thanks for the replies. I have shown all of them to her.

Keep us posted, I hope it goes well

bethin · Oct 19, 2006

I have a friend that is pretty sure a Hippa violation happened to her. She was getting ready to go to college last year and two days before she was going she got a shot of Rocephin IM for a sinus infection. She went into anaphlactic shock and almost died. She was in the hospital in her home town for 4 days. She had a very hard time and was diagnosed with PTSD. In May she was admitted to the hospital in the town where her college is for depression narcotic addiction. She was in there a week and with counseling has done awesome. That month she moved into an apartment where she met a girl that lived upstairs. They were friends until my friend moved out of that apartment and into the soriety house. This girl that lived upstairs didn't like my friend anymore since she joined the soriety. For the next six months this girl was real mean to my friend when ever she saw her. This girl worked at the same hospital my friend was hospitilzed for the depression. This girl was always calling my friend and text messaging her that she was going to tell everyone why she was in the hospital. My friend was scared because she didn't want anyone to know. About a month ago this girl was at the same club as my friend and followed her into the bathroom. She grabbed my friend around the neck and said "I'm going to tell everyone why you were in the hospital b---and everyone will know you are psycho and a drug addict. You can't get me in trouble and will have no proof i've told anyone." My friend went to the police station and reported the assault. They said this girl just committed a big Hippa violation and wanted her to talk to the people at the hospital. She is scared and doesn't know what to do. She said when she was friends with this girl that she would always tell her why patients were admitted there and would have charts of different patients at her apartment. At the time she didn't know why this girl would have them since she isn't a nursing student. Anyway, my friend doesn't know what to do. Is this a Hippa violation?

Definitely report ASAP. Do not stop, do not go pass go, go directly to the hospital with the evidence. Go with the cell phone that has the text messages, etc on it. Bring witnesses in.

Not only is this a HIPAA violation but it also could be intimadation(sp). Your post doesn't stat what the b**** does at the hospital exactly, but if she is in nursing beware: no way should a nurse act in such a derogatory, mean manner. Nurses are not perfect but she's crossed the line into illegal. Please please put a stop to this. If you don't, she will continue to do this to others.

Also, remind her that a serious HIPAA violation can carry a sentence in a federal pen. How does Leavenworth sound?

This woman sounds like she's the one that needs help. I don't know where she get off treating people like this but it's wrong and it's illegal. Please keep us up to date on what happens. Good luck.

ICRN2008, BSN, RN · Oct 19, 2006

In addition to reporting this blatant violation to the hospital, I would highly recommend reporting it to DHHS. You can't always rely on the hospital to do the right thing...

Here is the website:

http://www.hhs.gov/ocr/privacyhowtofile.htm

avalynn · Oct 19, 2006

Thank you to everyone that replied. I talked to my mom as soon as she got home and she said the same thing you guys are saying. She said that is a big Hipaa violation and that this girl needs to be stopped immediately. She wants to go with my friend tomorrow and help her talk to the right people so hopefully my friend will let her go. Mom said at first she hated the new Hipaa rules but that this is the exact reason for it. I will update everyone tomorrow. I also don't know for sure what the girl does but I think something like a tech.

Larry77, RN · Oct 19, 2006

If I were you I would simply give a little advice to your friend (some of what others have said is good) but I would not get personally involved--you could easily be the next target. Also sounds like there must have been some "issues" between your friend and the psycho and my bet would be you are not getting the whole story from your friend.

allnurses Guide · Oct 19, 2006

The "friend" who works at the hospital, the "psycho", probably felt jealous and betrayed because the other friend, the one who had been hospitalized, had went and joined a sorority. So she retaliated by threatening to tell everyone why the girl was in the hospital. End of story.

AngelNurse25 · Oct 19, 2006

Charts at her apartment? Choking people? Can you say psycho????:uhoh21:

Maybe your friend should check into a restraining order....

PDXSN · Oct 19, 2006

THis is definately a HIPPA violation as well as Blackmail, intimidation, assualt and I'm sure a good cop could come up with a few other charges. I would suggest your friend get a lawyer who specializes in such things as she very well could get the rest of her college paid for by the pyshco and potentially the hospital. There is serious emmotional damage here and if your story is accurate serious laws have been broken. It is ultimately up to the hospital to have systems in place to maintain patient privacy. Somewhere there is a breakdown in their system if employees are somehow allowed to take medical records home, or any other documentation regarding care, billing or personal infromation.

I am not a big advocate of litigation but it sure seems appropriate in this case and your friends rights were violated by this seditious little B*&%$ and she should pay for it.

Tell your friend she has a lot of people rooting for her and to get that psycho out of the healthcare industry ASAP!

avalynn · Oct 19, 2006

Hey. We'll my mom and my friend went to the hospital early this morning and talked to the head of corporate compliance. They are going to do an investigation right away. She will not be able to be less than 60 feet from the hospital and will be let go till after the investigation. Of course, they tried to talk her out of filing a Hipaa complaint although she is going to anyway with the help of my mom. Another titbit on this girl. This May she was kicked out of her apartment after she and another girl beat a college student up really bad. That girl has filed an assault charge against her as well as the apartment owner for causing bodily harm on a tenent. I am afraid this girl is dangerous. My friend called her parents and they are coming home tomorrow. She is really scared and that if anything is done it will come out why she was admitted. Hopefully her parents will be able to talk to her and encourage her to do the right thing. Also, my mom told her she should get a restraining order on this girl so she can't come anywhere near my friend. Thanks for the advice. Now I know why my mom wanted to be a nurse because you guys are the best. So kind and helpful.

GLORIAmunchkin72 · Oct 19, 2006

"IGNORANCE OF THE LAW IS NO EXCUSE"

JOv, not knowing all the laws in your particular field is questionable, but to generally state that ignorance of the law is no excuse implies that we all have graduated with a law degree and should have known better!:mortarboard:

Antikigirl, ASN, RN · Oct 19, 2006

Okay here is my probelm...If I tell someone about my personal healthcare treatments/conditions..then I have made it public knowledge. That means if she told her when they were friends...well, it is public knowledge now since she was willing to devulge that info to that person. So the evil gal can simply say she was told about it, and never sought out any hospital information r/t her healthcare and she would be cleared of it unless it can be proven!

I mean...for example..am I violating HIPAA if I tell my friend that "I am worried about my mom..she went into surgery for her stent placement today and I haven't heard back!" Or "my mom is doing well after her stent placement! She will get to go home tomorrow". NO..it is not...because generally people talk about this between eachother and it is not being relayed in a healthcare setting format. Now if I went to her chart without permission to see how she was doing and I then tell my friend about what I read YES...big time because I have no business looking in the chart to begin with let alone to speak about it.

So basically if your friend told her at any time...it is not a violation.

If she didn't tell the gal then YES! BIG TIME! I would certainly be setting up for a suit big time because of the violation, the assult, and the damage to current and future jobs!!!