HIPAA- violation and suspension

  1. I am a CNA at a hospital (Texas) and I accessed a patient's chart. Now, I did chart on that patient (vital signs and JP output another day) but I also accessed their admission records which I technically had no need to know.

    I have been suspended in until they determine what action they will take as it had to go up to corporate legal office.

    What consequences will I probably face?

    Will I lose my certification?

    Will I be able to get my RN license?
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  2. 4 Comments

  3. by   Cherokeegirl08
    It always pays to do exactly what you're hired to do. If you get in trouble OP, that's your fault. You knew you were doing wrong yet you did it anyway. Learn from this and face whatever consequences result.
  4. by   Mkimbrel
    I didn't know that. I thought if you were working with a patient, you could access their whole chart. My fault for not knowing. Obviously I've got to deal with the consequences because it's already a done deal but I'm asking what those would likely be...
  5. by   JKL33
    I just posted this on another thread in this section and I'll post it here too:

    You need to follow the "minimum necessary" guideline. Most employers apply this to staff.

    Minimum Necessary Requirement | HHS.gov

    Think about the spirit of HIPAA.

    I can't answer your other questions, you're at their mercy now. And really, for all the BAD ways that employers mis-apply HIPAA, you actually managed to do the one thing that the law is​ supposed to prevent, and that is accessing or disclosing information without a "need to know."
  6. by   MI55
    Looks like it was totally unintentional. What was the end results? I find myself in the same situation and waiting to meet with HR.

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