HIPAA violation or just a bad decision? - page 8

i have a question that may seem like a homework assignment but this is not. i'm concerned that a individual, that is a rn, may have made a big mistake. a nurse that is an assistant manager of a picu sent a picture via text of a... Read More

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    Quote from BostonTerrierLoverRN
    My niece, who suffered a rare genetic disorder, died this past December. She spent most of her short, tortured life in the hands of Nurses and Caregivers. All the staff I witnessed were extremely professional, and earnestly seemed to care.

    She was a little miracle, and I MISS HER TERRIBLY, her mother and father are still crushed, and barely scraping by. She made it to age 5 never walking, never taking a bite. She had therapy workers and home healthcare workers coming all hours each day. Medical Staff meetings were common at their table, while her mom tried to keep her life as normal as possible.

    As a child of 5, she had the exact intelligence of a child her age. She was precious. She loved music, and one song she loved makes me tear-up everytime it plays. She loved Blues Clues and Dora. She loved her family. She had a glow about her.

    One of the RNs at the hospital filed her SSN on her tax returns thinking that my niece's family wouldn't know they could file her for 2011 secondary to her death. It was the ultimate slap in the face. It was an atrocity. The tax money has still not been given to the family.

    There are monsters among us, and it is our duty to find them and see them out of our profession. If I worked with this nurse, and didn't report her, I would consider myself just as guilty and sick.

    This thread really touched a nerve with me. I'm no polyana, but there is no room for this sickness. It is an abomination. I even hope that Karma doesn't get them, because that's how bad I view these kinds of actions against humans in OUR "CARE."

    There is NO excuse for these actions. Zero Tolerance for Cruelty from "Caregivers!"
    Not to completely derail the initial question at hand, but PLEASE tell me that this nurse that attempted to defraud the government got her fanny handed to her!
    LostCauseCCRN and RN2LuvU like this.

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    I am so sorry for your loss, and for the events that followed. Shame on that nurse.
    LostCauseCCRN and RN2LuvU like this.
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    Even taking a picture of a patient just to be freindly or just to share with their family or facility can be frowned on by HIPAA.
    LostCauseCCRN likes this.
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    Was just going to post, Friday was court for the nurse who used my niece's SSN to claim as an independent. She plead "No Contest" and entered into a Pretrial Diversion Program in her state where she agreed 3 years of attendence. It will basically be a cake walk with minimal Community Service, Random Drug Screens as indicated, and the rest kind of mimics probation. If she completes the program with her state satisfactory approval- she will maintain a clean record.

    I have NO CLUE what her State Board of Nursing will do (Doubtful if anything since there will be NO charge?

    Part of her agreement was a letter of apology (which she wrote to the IRS- not my Sister-in-Law), and the rest is history.

    My sister-in-law of course has forgiven her, and urged us to do the same, I just understand as a Nurse- we should hold ourselves to a HIGHER standard
    maelstrom143 likes this.
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    Hugs to you, BTLRN, as what a horrible thing for your family to go through!! Just awful.

    I just don't know what ails people, and for those who call themselves nurses to participate in the most sociopathic and horrendous behaviors is beyond sickening.

    It makes me teary to think that innocent children who fight so hard to survive, and then the ones who pass on from our lives have "caregivers" (<----Uhm, NOT) who would behave in such fashions.

    With all that being said, and to the OP-- should anyone EVER tell me that they "don't know what to do" blah, blah, blah.....REALLY, you don't KNOW what to DO???????? I would find it prudent to report the lot of them (as mandated reporters we are bound to do this) simply because we were informed of information that one of our co-workers, etc ADMITTED to having a picture of a patient. AND a minor. AND she opened it with the title of "delete this after opening" from a co-worker--UHM, no thanks------my phone would go to the privacy officer, having them open it and do what they will with the contents. Do you think that so and so is going to admit to sending anything? But the receiver is left with the picture.
    Who are these people???? We even have very strict rules about using our personal phones, computers etc for any work related ANYTHING. And seemingly, you are in some sort of educational/charge position--YOU know what YOU need to do with this information, and I would NOT leave it to your "friend" to report it----you are bound to do something about the information that you received. Period. End of Story.
    Last edit by jadelpn on Apr 23, '12
    BostonTerrierLoverRN likes this.
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    Quote from BostonTerrierLoverRN
    I have NO CLUE what her State Board of Nursing will do (Doubtful if anything since there will be NO charge?
    The BON may surprise you, as that nurse's fraudulent actions speaks volumes about her ethics and practices. You could contact the BON and file a complaint, and see what happens.
    jadelpn likes this.

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