HIPAA Violation as a student

[Nrsng_is_life]

Good morning everyone and Happy Easter! I would like to know what the penalties are for a student breaking HIPAA. I have a classmate that was caring for a patient at her clinical site that had to be transferred to another facility for heart related health complications. The student happens to be a tech at the hospital where the patient was transferred (not on the same unit where patient was admitted). A few days ago when she went to work, she started posting on our class FB page detailed information regarding the patient's condition and what the cause of their complications were; pretty much stating that the nursing staff were at fault. She was posting info such as labs and other info that as a tech I have never had access to. This is an issue and I know that she could get into a lot of trouble and possibly get kicked out of the program. I don't want to be responsible for ruining anyone's career, but I want to do the right thing. Any advice would be appreciated!

[mtjoanna]

Unfortunately, the best advice I can give is to tattle. Doesn't sound nice, but if this person is willing to be this blatant at this point in her career, it's better for her to be kicked out of the program than to face a lawsuit later on. If she was accidentally crossing HIPPA laws, I could see warning her first, but what she's doing is thoughtless and dangerous. Part of our jobs as nurses is to guard our patients' privacy and sometimes to call others to accountability for doing something that could harm the resident/patient, physically or otherwise.

[roser13, ASN, RN]

You must report. Take a screenshot & email it to an instructor or director of your program. HIPAA aside, this shows a dangerous lack of regard for the patient.

[IsabelK]

And after you take the screenshots unfriend her...don't get tied up with that.

[TheCommuter, BSN, RN]

Thread has been moved to our HIPAA Challenges forum.

[Nrsng_is_life]

Thank you! It's easier because I'm not friends with her and I find her to be very arrogant; however, I want to handle this in the most professional way possible as to not compromise my reputation or integrity.

[sweetsthrnsass]

I agree you need to report it. Just be professional about it when you email your professors or nursing school director. They will handle it.

[Atl-Murse]

Just throw her under the bus already. She is irresponsible and you are a saint.

[Purple_roses]

Report. And I would also say delete yourself from the Facebook page. They are NOTHING but trouble.

[Nrsng_is_life]

Thank you everyone for your input! The reason for asking is because I know one of my closest friends is planning on reporting this event and I know I will get pulled into it by him somehow. What she did was wrong, illegal, and unethical and whatever consequences she faces are her doing and show that she is irresponsible. She has been a CNA/ tech for a long time so she knows the rules and legal consequences of breaking HIPAA.

[sweetlilwolf]

In reality there aren't much consequences for breaking HIPAA. We had a nurse who searched through charts to find her ex boyfriends (who had a restraining order against her) found his number and started stalking him... He reported it she was fired and the BON made her take a class regarding HIPAA... She's still working as a nurse....

[Anonymous865]

The hospital where she works as a tech needs to be notified.

If I am reading your post correctly, as a student nurse she cared for the patient at your clinical site.

The patient was transferred to a facility where the student works as a tech.

While working in her role as a tech at the other facility (not your clinical site), she accessed the patient's PHI and then published this information on facebook.

The other facility could be fined by OCR anywhere from $1k to $50k for each HIPAA violation. They need to know that this has occurred, so they can take steps to mitigate the damage.