Hipaa violation and nursing board

  1. Hi everyone! Brand new nurse here and I had a question about a situation where I work. A nurse was fired for accessing a chart on a pt that they were not taking care over and the nurse was terminated. My question is what does this mean for the nurse. Does the hospital have to report the nurse to BON? Would it be better for the nurse to self report? Will this nurse go to jail? I am just curious as to what the outcome will be. Thank you!
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  2. 4 Comments

  3. by   JustBeachyNurse
    HIPAA violations are civil/administrative not criminal so no jail. Whether it needs to be reported to the BoN is state dependent. Some BoN require all terminations to be reported. Risk management has guidelines on which violations can be solved with internal corrective action plans and which necessitates notification of the US Dept of Health &Human Services and the USDHHS office of civil rights for investigation and penalty determination. Yes individuals can be fined but the act must be egregious.
  4. by   Nickadoodles
    Oh ok! So if they report the nurse to the board will her license be suspended or revoked?
  5. by   JustBeachyNurse
    Quote from Nickadoodles
    Oh ok! So if they report the nurse to the board will her license be suspended or revoked?
    Only the BoN can answer that. BoN is to protect the public. Most state BoN post disciplinary actions as a matter of public information. Start there
  6. by   elkpark
    Quote from JustBeachyNurse
    HIPAA violations are civil/administrative not criminal so no jail.
    Just for the sake of accuracy (not suggesting it could happen in the OP's example), there are possible criminal violations of HIPAA in addition to civil violations, and penalties can include prison time.

    HIPAA Violations & Enforcement | AMA

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