Hipaa violation

  1. My classmate friend accessed someone's medical record unauthorized on numerous occasions during clinical as a student. He is now licensed and the individual found out about the accessed and has notified the nursing board and OCR. Will his license be revoke even though the incident happened prior to being licensed?
    Last edit by Invasion1 on Jul 16
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  2. 9 Comments

  3. by   Jolie
    We can't possibly predict the outcome of this investigation. Are you the "classmate's friend?"
  4. by   soutthpaw
    I doubt it, the friend should get a good lawyer. they would probably need to plead ignorance that they were not properly educated by whatever program on the ins and outs of HIPAA at the time the violation occurred. They were not licensed at the time so they were not violating the terms of their license. I think they could still face civil action from the person whose record they accessed though. If they had student liability insurance at the time (most schools require this) that would be the target of the lawsuit IMHO. But I am no lawyer and don't even play one on the internet.
  5. by   meanmaryjean
    It certainly could be. He could have his diploma revoked.
  6. by   soutthpaw
    Quote from meanmaryjean
    It certainly could be. He could have his diploma revoked.
    Definitely need a lawyer. Then the school would have to prove they willfully and knowingly violated HIPAA with a malicious intent. You can't just willy-nilly take away someone's diploma. You would also need a signed document showing the student understood and was taught specifically all the HIPAA policies prior to the occurrence. Heck, students convicted of rape still get to stay at college and get their degrees...
  7. by   meanmaryjean
    Quote from soutthpaw
    Definitely need a lawyer. Then the school would have to prove they willfully and knowingly violated HIPAA with a malicious intent. You can't just willy-nilly take away someone's diploma. You would also need a signed document showing the student understood and was taught specifically all the HIPAA policies prior to the occurrence. Heck, students convicted of rape still get to stay at college and get their degrees...
    HIPAA is one of the first things discussed prior to and during clinicals. I have first-hand knowledge of a student's diploma being revoked- it can and does happen.
  8. by   soutthpaw
    Quote from meanmaryjean
    HIPAA is one of the first things discussed prior to and during clinicals. I have first-hand knowledge of a student's diploma being revoked- it can and does happen.
    I am not saying it doesn't, Lawyering up will make it more difficult to do though, which was the basis of my comment for the OP or whoever the "friend" is.
  9. by   Invasion1
    He has graduated and is now licensed. However, the act was performed over 10 times prior to being licensed. The last access was a few months prior to being licensed. The information was recently discovered, reported to both the nursing board and OCR.
  10. by   Invasion1
    It will be a violation because he discuss the individual's medical info to his ex's friend during the term of being licensed. That's how his ex became aware of the access. He will need a good reason to explain accessing the records 10 or more times. He should have kept his mouth sealed.
  11. by   Here.I.Stand
    Quote from Invasion1
    He should have kept his mouth sealed.
    He should have stayed the heck out of this pt's chart.

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