HIPAA VIOLATION

Nurses HIPAA

Published

Hi, I have a question...I was being harassed via email by some former friends and at my wits end, I threatened to publish their medical records on Facebook and tag them (clearly it was an empty threat). Nervous and vindictive, they called the personell department at my job and I was fired although I had no intentions on doing so nor did I ever access their information. I was told that I was terminated because I made the threat, they didn't even look at my computer records to see that i wasn't lying. I also asked if I would have known nothing about the email or what was going on what would have happened and they told me I would have still been terminated. I did not have access to Medical Records, but I found in the meeting that I'd access to claims data. Is this lawful and was this a violation of HIPAA, as they stated?

Specializes in OB, Med/Surg, Ortho, ICU.
When I read the replies it amazes and disgusts me how many judgmental, self-righteous and bitter people there are in nursing profession. Like a bunch of snakes.

The person made a mistake. Wrong? Yes. Unprofessional and Unethical? Yes. Stupid and immature? Yes. Deserves punishement? Yes.

He is already punished. He is sharing his experience in the forum and is trying to get better understanding of the situation and reevaluate his believes and actions. This is how a person can better themselves.

Is it necessary to attack the person with "you should be thrown in jail" etc. What purpose does it serve? Are you trying to boost your self-esteem? Are you without sin?

When I read such responses I think to myself that I don't want any of these spiteful people to be my nurse, friend, coworker or anybody in my surrounding.

What happened to understanding and forgiveness?

This is a, "Where is your compassion?" response that in and of itself can be viewed as judgmental. This is all this poster made it out to be, but the original author doesn't seem to fully understand the problem. That is why, I think, he/she is being blasted. It does not matter what his/her access to med records actually was. What matters is the perception of those that were threatened. It is truly blackmail and outrageous. To truly be repentant, one has to acknowledge the mistake AND accept the consequences without hesitation.

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When I read the replies it amazes and disgusts me how many judgmental, self-righteous and bitter people there are in nursing profession. Like a bunch of snakes.

The person made a mistake. Wrong? Yes. Unprofessional and Unethical? Yes. Stupid and immature? Yes. Deserves punishement? Yes.

He is already punished. He is sharing his experience in the forum and is trying to get better understanding of the situation and reevaluate his believes and actions. This is how a person can better themselves.

Is it necessary to attack the person with "you should be thrown in jail" etc. What purpose does it serve? Are you trying to boost your self-esteem? Are you without sin?

When I read such responses I think to myself that I don't want any of these spiteful people to be my nurse, friend, coworker or anybody in my surrounding.

What happened to understanding and forgiveness?

I'm sorry that you feel we are annilating this person, but I know that was not my intention (and I'm sure I can speak for most of my fellow posters). To clarify, I wouldn't want someone to break into my home and threaten harm to me. I would want to see that person arrested. I wouldn't want that person to get a pass.

It may not seem like it to you or the OP, but this is the same kind of situation. This person threatened to use force and power and illegally obtain someone private records. I think most of the posters, Including myself, are not just posting in putrage ecause of the black mark this puts on our profession, but also as citizens and patients who would never want to find themselves in the position of having to defend themselves against something they would have little control over.

Imagine of the comment would have been spoken instead of emailed. The victims would have no evidence to prove that their rights were violated and that would be a true miscarriage of justice.

I find it more unfortunate that the OP still does not seem to have a full grasp on the severity of the situation.

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Specializes in Clinical Research, Outpt Women's Health.

Dear OP,

Next time just take down your Facebook for a while. Problem solved.

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I just wanted to make sure so....

to $250,000 and/or 10 years imprisonment if the violation is for profit or with malice.

https://www.experts123.com/q/what-happens-if-someone-violates-hipaa-regulations.html

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
whoa whoa whoa. You are in administration???? Yea, this makes this situation all the more worse. Not saying its ok for a nurse to do this, but administration??? They are the ones that make the rules that WE FOLLOW!

It is apparent this person works in the administrative building and obviously has nothing to do with the actual administration of the facility or rule making having very limited computer privileges.........Lets see....access to claims.......assistant to the assistant secretary to the secretary to the assistant director of billing......that too is administration but a far cry from the "rule makers"......

OP I hope you have learned your lesson.......Good luck:)

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There is no doubt in my mind you deserved to be fired. What you did was unethical, inappropriate, and immature.

HIPAA violation? Who cares, does not matter in this case. You earned what you got (i.e. a termination) whether a legal violation or not.

(I apologize in advance if I am feeding the troll)

And exactly WHAT kind of people are they lettting into nursing schools these days?

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Specializes in Peds/outpatient FP,derm,allergy/private duty.
. . .He is already punished. He is sharing his experience in the forum and is trying to get better understanding of the situation and reevaluate his believes and actions. This is how a person can better themselves.

That wasn't my impression of the OP's story - my impression of it was that this individual works an office job, outside the medical field, decided to ask a group of nurses whether or not it is lawful to be fired for a HIPAA violation when in fact they were fired for the threat to disclose information they believed they had no access to until it was discovered at the meeting called for the purpose of firing them for the threat.

We do like to help! At the same time it should be a two-way street and not too much to expect a person to ask clear questions and give us as complete a picture as they can without violating HIPAA :)

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