Is this a HIPAA violation - page 3

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... Read More

  1. by   avalynn
    What do you mean by financial sanctions?
  2. by   mercyteapot
    She can be fined if she came across this information in the course of her duties at the hospital.
  3. by   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.
  4. by   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.
  5. by   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.
  6. by   Daytonite
    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
  7. by   BabyRN2Be
    Quote from Jesskanurse
    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.
  8. by   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.
  9. by   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.
  10. by   babynurselsa
    I am still looking for that 10 foot pole smiley.
  11. by   avalynn
    babynurselsa

    zmaybe you can explain to me your reply "I am still looking for that 10 fooet pole smilinng" I presume you are being sarcastic but I don't know why. Aren't you a nurse like most of those on here but with little passion?
  12. by   babynurselsa
    Well, just to start, every person I know who has joined sorority can spell it.
    Any time a person accesses an electronic chart, much less makes a copy of it there is a record of that in a facilities IT dept. If this person has been running off copies of patient charts it would quickly be noticed. A person with 25 or more charges of harrassment and protective orders against them would have a difficult time passing a background check to work in a healthcare facility of any sort. Medicare frowns on this sort of thing.
    These are just a few of the things that I see in your posts that make it more than a little difficult to swallow.
  13. by   bisson
    Quote from MS._Jen_RN
    Also, if your friend never told this girl why she was there and the girl found out by looking in her record that is a violation (if she wasn't treating her). In my facility this is a fireable offence.
    ~Jen
    yep, tell your friend that even looking at her chart is a violation- but to go ahead and threaten with personal info is basis for some serious trouble. your friend should contact Hipaa directly. they DO NOT pay around.

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