Hipaa violation-What happens to RN?

[xrayrn]

Hello,

I have a friend ( and I really mean that - I am NOT asking for me ) who works prn in an E-ICU (Electronic ICU - for those who do not know.) and he called me two days ago pretty upset over something that happened at work.

So, here's the situation: He just started this prn job a few weeks ago and was supposed to work there the night before and had to call in because his son was sick and he wanted to take him to the ER. He called in early to let them know so they would have coverage because he didn't know how long it would take and he lives an hour away. However, the ER he took his son to is in his city and happens to be in the hospital he works full time for...and his boss THERE sees him, of course, and asks him to work. He is done in the ER by then and says...OK, why not?

So, this hospital he works full time for in the ICU is one of the remote hospitals controlled by the E-ICU he works for and one of the RNs in said E-ICU looks through a patient's chart that isn't assigned to her that night with the purpose of finding his name on the charting so she can find out if he is working there that night since he called in and she is mad she has to work short. She is so mad that he called in (inexplicably, as she isn't his boss) that she calls the hospital and he told me that like 6 other nurses in the background heard her yelling "I know he's there! I saw his name in a patient's chart!"

Ok, sorry the question/scenario is so long, but he here it is: He told me that he talked to his boss in this E-ICU and they are just...by the sound of it..sweeping it under the rug and that she will be "disciplined" or something to that effect. They also promised that she would be professional when they work together. I thought that sounded like a serious and fire-able offense...I still don't quite believe someone would DO that..He's upset and wrote a letter to HR. I told him that I thought that was the correct thing to do, but now I'm worried that HE will be the one fired somehow.

My questions: What should he do? He asked for my advice ... and what will happen to her? Isn't this a serious hipaa violation?

Thank you in advance!

[Ruby Vee, BSN]

No, you aren't understanding AT ALL. His boss at both jobs KNEW where he was and what happened. The chart that nurse accessed was NOT a patient assigned to the E-ICU so she was NOT to be in it.

Please respond to the question and stay on topic if you do. You are assuming a lot and you are wrong on all counts. It doesn't matter if you think, if I think, or if she was upset, that he called out. I'm asking about the HIPAA VIOLATION HERE.

If this is truly about a "friend" and not about you, why are you getting so nasty over a post that you don't like? The nastiness is uncalled for.

[Ruby Vee, BSN]

Well, she was fired.

Vindictive? Nah, just asking, but it does seem like hipaa needs to be readdressed with a lot of nurses here.

You have no knowledge that someone was actually IN a patient's chart. As mentioned here already, most EMR systems have the ability to find out who is working on another unit in the same system without actually going into the patient's chart. It isn't a HIPAA violation to pull up the census and see who is assigned to a patient.

You seem to be irrationally concerned about what happens to another nurse . . . vindictive might be a very good word to use.

[KRVRN, BSN, RN]

It sounds like this nurse went a step or two beyone merely calling up a census list and seeing which nurse was assigned to which pt.

It's mentioned that she went through charts one by one. She didn't think she was violating HIPAA (I assume) since she wasn't really trying to snoop through pt info, but in reality she would be in violation for every pt chart she opened--assuming it wasn't just a census list. Though my employer would probably want to know why you called up a census list for a unit other than the one you were in, but I don't know if that's necessarily a violation or not. I've known HIPAA violations to lead to warnings or to termination.

[sanakruz, ADN]

Secret to a long life: Mind your own business.

[Jory, MSN, APRN, CNM]

I don't think it's a fireable offense but she sure as heck needs to be written up for it. That is a major invasion.

We had a unit secretary that told everyone that one of our nurses was in the ER at another hospital because she saw it on an electronic list. She was suspended for a week.

[misty97]

You guys arent understanding the post. YES it was Hipaa violation because the nurse went into a chart that she had no business in. And just because you are an employee of the facility it doesnt mean you have no privacy. An employees medical chart is considered a patient chart! Therefor he is entitled to the privacy of any other patient.

[Ruby Vee, BSN]

You guys arent understanding the post. YES it was Hipaa violation because the nurse went into a chart that she had no business in. And just because you are an employee of the facility it doesnt mean you have no privacy. An employees medical chart is considered a patient chart! Therefor he is entitled to the privacy of any other patient.

Respectfully, I think you are the one who is misunderstanding the OP. The man in question was in the chart as the nurse, not as the patient. The employee of the E-ICU could tell he was in the chart without accessing any actual patient information. Therefore she knew he was working in another facility after calling in sick to his job in the E-ICU.

While you are correct that an employee's medical chart is privacy protected, it isn't privacy-protected information to look to see what nurse is taking care of a patient in an ICU which you are remotely monitoring as a legitimate part of your employment. All it requires is backing out one layer from the individual patient chart to the assignments for that ICU. I can look at any unit in my 1000 bed hospital and see which nurse is assigned to which patient -- all without breaking HIPAA.