Is this a HIPAA violation

[avalynn]

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?

[avalynn]

Hi everyone. I guess I didn't make myself clear about our nursing status. We are in a 4 year BSN program(nursing) but the first two years are in general studies. We have no nursing classes at this time. That's why I said that if we had been in them we would have known about Hipaa violations. They told my friend and my mom at the hospital that if she ever looked at her chart that they would know because she would have had to sign into a computer. They can tell somehow every person that has looked at a patient's chart per computer. She took her cell phone into Altel to see if they can bring up all the text messages. (This is my friend talking, the one that this happened to). Hi. I have read all the e-mails you guys wrote and most of them have been so helpful. I guess some of you don't believe my story but I can guarantee this is really happening. I didn't tell this girl anything about why I was in the hospital except my parents and sister's. I went and saw an attorney today per advice of my parent's. I filed a restraining order today also. He called and talked to Hipaa and he helped me file a violation. They said it would take about six weeks to investigate. She always told me that she had seen my medical records. One time she told us that she could get on a computer at the hospital were she works and look up any patient she wanted to. My friend's mom told us that she could look up information about a patient on the computer but if anyone ever found out that she looked it would be instant firing. My lawyer said it could come down to he said she said so hopefully they will find her name on my chart. Even if it doesn't go that way at least she will be warned and should stay away from me. Anyway, thank you for most of the replies given to my friend and I.

[LydiaNN]

It is absolutely a violation. I hope she saved those messages. That chick needs to lose her job, at a bare minimum. Your friend might also be interested to know that the law provides financial sanctions against blabbermouths such as her former neighbor and that she can also press criminal charges if she wishes.

[avalynn]

What do you mean by financial sanctions?

[LydiaNN]

She can be fined if she came across this information in the course of her duties at the hospital.

[I RN A]

It is the HIPAA violation. Legally it is 250K fine or 10 years in prison. My teachers in the nursing school made sure that I know this.

[RobCPhT]

Let's just talk about some scenarios: Victim reports HIPPA violation. Authorities can fine up to $50,000 (stated before) give violator prison time. Victim can sue for damages, both hospital and violator are liable. Violator being found guilty of violation will no longer be allowed to work in healthcare d/t violation. Just to start off..... and did the victim do anything to provoke this attack? It seems like there is more going on here. Two sides to every story, but why would someone just walk up into a bathroom and snatch someone up like "I hate psycho patients and you are going to pay"? Personal matters aside there is a violation and if this person violates the HIPPA regulations they need to be stopped.

[mugwump]

I'm just curious what does this person do at the hospital where she has access to medical records. Nurse, aide, physical therapist, phlebotomist. I'm just curious here.

[Daytonite, BSN, RN]

here are the websites to get information on hipaa violations reporting. i would also check your state codes for laws pertaining to the protection of the confidentiality of patient records. while the hospital is the one that would most likely be who the ocr went after, they would also go after the worker if the hospital failed to do anything about her once they were informed she was threatening disclosure of confidential patient information. documentation and records should be started. a lawyer should be able to advise if there is also a civil case for infliction of mental distress and who to file it against.

http://www.hhs.gov/ocr/hipaa/ - this is the hipaa page for the us department of health & human services that administrates hipaa. you will find links on this page on faqs and how to file a complaint

http://www.hhs.gov/ocr/ocrbro20051202.pdf - this pamphlet explains your basic rights about your health care information

http://www.hhs.gov/ocr/privacyhowtofile.htm - how to file a health information privacy complaint with the office for civil rights

or you can call 1-800-368-1019

[BabyRN2Be]

Can't help this... it's just a pet peeve of mine.

It's HIPAA, not HIPPA. :)

Ok carry on!

This is one of my pet peeves, too. And it didn't help when they made the signs for HIPAA with the hippopatumus on them. Why didn't they get REALLY clever and make it with a 60's motiff, with "Get HIP to the groove of HIPAA!" or something. Now everyone relates to the hippopatumus and spells it HIPPA!

Anyhow, I'll get back on track and say that this is definitely a clear cut case of a HIPAA violation. I'd encourage your friend to report it.

[Bethy-lynn]

So, yes, as everyone has said, this is a great big, supa-fat HIPAA violation in the worst way. BUt tell your friend not to be too embarressed about her stay at the HO. Pretty much every nurse I work with, most of those I have worked with in the past, and just some of the ones i've met have made at least one trip to the counselors office, and are/have been on some psych med at one time (usually an anti-depressant). She should just consider this the early sign that yes, in fact, she really should become a nurse because she fits in with the rest of us.

[avalynn]

Rob,

It upsets me when I read I am not telling the whole story. It makes me feel bad. The only reason this girl can be so hateful to me is because I joined the soreity and she didn't even though they pledged her also. The other reason is becasue when I lived in the apartment below her. When she and another girl beat up a nursing school student I didn't see them go into the apartment but I was just getting home and I saw them grab her around the neck and the other one had her by the legs. They through here really hard to the ground and hit a tree. I got scared so I called 911. The police took both of the girls to the station and the nursing student to the ER. About a week later this Betty who manages the apartments called me and asked if I would be a witness for them as they filed a suit against her for 1ST degree assault against a tenent. My parants and I decided that it wouldn't be a good idea and she would come after me My attorney told me yesterday he wants to file an assault charge also. He had talked to the county attorney on Friday and he said this girl is very dangerous and is well known in the law enforcement parties. Now I am even more scared than ever. Most of you have been very kind and I thank you so much. A few others can't seem to make sense of it all. Like I'm not telling the whole thruth or they think there is more to the story. I guess I must reinstated that this is the whole truth. We do know from going to the courthouse that this girl has had over 25 harrassment and protection orders on her. I don't know why she acts this way and is so hateful. I do think she must be hurting inside her to be so cruel. However, I am so scared and if the police tell me she is dangerous then I know she will do anything she can to me. Again, I have never told anyome except my parents, two sisters and my friend who e-mailed this message board initially and her mom. That is it.

[babynurselsa, RN]

I am still looking for that 10 foot pole smiley.