Lost job over HIPAA violation, what is employment potential?

Nurses HIPAA

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Hi a relative of mine was an RN. She just lost her job over a HIPAA violation. She took a cellphone picture of a patient and sent it to a friend. She later had a falling out with the friend and he threatened to forward the picture to the hospital. She went to her supervisors and told them about this threat, police were called to deal with the friend. She was given the option to quit or be fired and quit.

Clearly this was a serious mistake on her part but I'm not looking for lectures, I'm trying to determine what options are available to her now. Number 1 is whether it's possible to fight her termination. One important fact is that there is no actual evidence of the HIPAA violation; the friend threatened to send the picture but never did, for all we know he doesn't even have the picture anymore and was just bluffing. She has long since deleted it. So the hospital undertook this action simply on her admission of a violation. The question is is this acceptable or do they need evidence?

She is going to put in applications at other hospitals nearby but I'm wondering what it will be like looking for work with this in her history. In her favor she can say she quit, and perhaps give some reasons other than the HIPAA violation why she did so. But I'm certain if any potential employers call the hospital they will give the real reason why she left.

So what is the overall job market like for RNs right now? and, does anyone know anything about getting another nursing job after a HIPAA violation? is it impossible or will some still consider her if she's honest. Finally can anyone suggest other options for her? What would be good jobs for someone with her education and experience to pursue if she has difficulty finding work as a nurse again?

Thanks everyone for your help, I don't want to say that this is a desperate situation but it's pretty bad, she was the sole breadwinner for her family and things are going to become very difficult very soon if she is not able to secure another job.

Specializes in med/surg and adult critical care.

Rocky Mountain High, If you did not want to be lectured by us nurses then you should not have posted on this site. What your relative did was morally reprehensible. Nurses are held to a very high standard, which your relative apparently does not understand. I doubt she has an exemplary nursing career if she can pull a stunt like this especially when she was supposed to be adovcating and protecting a patient. I am sure this relative has done some things while nursing that were unethical...you just do not know about them.This is very disturbing and makes those of us who are extremely ethical look very bad. As for her gaining employment...good luck...the nursing community is very tight and we talk among ourselves about nurses just like your relative and we make sure our employers know about nurses like her. She should turn herself in to the state board before someone else does and take her medicine and then maybe seek employment. Above all, your relative should tell the truth about what she did and why...and if someone takes a chance on her great...we all make mistakes but this one takes the cake...this is the second worse violation I have ever heard a nurse commit....As for employment opportunities for nurses...I have had at least 6 offers in three weeks....If you are willing to work in any area of nursing you can get a job....seems like new nurses and nurses younger than 40 don't really want to work as nurses...nursing requires working long, unpopular shifts, call time, holidays, etc...it is what you sign up for when you become a nurse....so get out there and get a job...

A previous employer usually isn't allowed to disclose details (of course, that may vary according to company policy). They're only allowed to give the dates of employment, job held (title), salary as of termination, and whether or not that person is eligible for rehire. Since she quit voluntarily, she doesn't have to put on an application WHY she quit, but the fact that she's not eligible for rehire usually says a lot to a potential employer. Assuming that she learned a VERY valuable lesson, she'll have to come up with a good story to match the fact that she quit but is no longer eligible for rehire.

That being said, it's been my experience that the medical community is pretty small - even in larger cities. The hospital grapevine is alive and well - and it's not limited to just that hospital. There's a real good chance that the story will make it to other hospitals.

Specializes in Med/Surg, Ortho, ASC.
I am unsure where people are getting information that it is against the law to give out truthful information on reference checks. I worked for over 20 years in the human resources field before deciding to pursue nursing. I have worked in Maryland and New York, as well as handling offices in several other states. To the best of my knowledge, there is no law that says you can't discuss a former employees performance, whether they were fired, etc.

However, most employers chose not to give information since they are afraid of getting sued. Even though the suit may be frivolous, it still winds up costing employers a ton of money.

The company I worked for believed in total honesty and did not hesitate to give honest reference checks, including if the person was fired and what they might have been fired for. This also worked the other way, in not being afraid to give glowing references for our star employees.

I am "quoting" this posting simply to emphasize the misconceptions that are out there regarding reference checks. I am frustrated daily by postings here that misadvise others on what employer reference checks "can" and "cannot" say.

Roser13--I feel your frustration as well. That is why in my post a few posts back I wrote anyone finding themselves in a life changing situation as the OP's relative, seek Legal Advice before making any rash decisions. What's that old saying ? "Decisions made in haste rarely result(s) in a good decision(s). In this day & age you need to make yourself aware of what your rights are under the law as too many times employees are railroaded into a decision based on faulty info that may or not be their best legal option. I made a deal years ago with my Attorney that I would not practice law and she agreed not to practice Nursing. lol Caveat Emptor

Bottom line - all nurses know about HIPPA. It is drilled starting in school and at every job; most jobs make you sign something yearly. She knew she was wrong not only when she took the photo but also by sending it on to her "friend". We had 3 nurses in the unit fired for this - she should consider herself lucky to be able to resign. She should call human resources and see what was put in her file, and also see if it was turned in to the board of nursing for her state.

Specializes in hospice, LTC.

Many of the replies to this post refer to the OP's relative's action as a "mistake" and talk about it as a HIPAA violation -- which, of course, it is. I see that some contributors find this nurse's behavior reprehensible -- which, of course, it is. IMO, this is not about HIPAA or the employer having "proof" of the violation; it is about common decency and the actions of a nurse who appears to have no moral compass.

I understand that this board exists so that nurses and nursing students can support one another, get and give advice, share problems and perhaps find solutions to common ones, and, sometimes, just vent when one has had a particularly rough day, week, or month. However, I really don't see how, as a community, we can not take a stand against this nurse's unconscionable behavior. Yes, we all make mistakes and hope that we will be given a second chance when we do, but do you all really see this as a "mistake?"

I noticed that someone asked the OP why her relative took the picture in the first place. If she answered the question, I missed it. It's an excellent question and does seem to go to the heart of the issue.

Specializes in ICU, PICU, School Nursing, Case Mgt.
. Yes, we all make mistakes and hope that we will be given a second chance when we do, but do you all really see this as a "mistake?"

No, I called it a federal offense!

I noticed that someone asked the OP why her relative took the picture in the first place. If she answered the question, I missed it. It's an excellent question and does seem to go to the heart of the issue.

No, It was not answered. I asked the original question of why?

And I will ask again WHY?

I agree with you, I have been doing more thinking about this since I first read the thread and posted, and I have been getting more upset.

I think about how I would feel if I found out that a nurse, someone who is supposed to advocate for the patient, took a picture of my child or my mother without consent...or knowlege...and then sent it to someone else....!

One word....Despicable!

I find it unusual that the original poster has not commented in a long time. Didn't like what she/he heard?

I am interested in what they think about the post opinions and also what the nurse-offender thinks. I am only assuming that she has read them or was made aware they exist.

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Everyone pretty much answered your question however you have asked is this acceptable that they would ask her to quit or they would fire her??

when i was in school ( few years ago) the principle went into every cleass to talk about taking pictures of people without their consent. The person who's picture was taken and if they did not consent to the picture, they have the right to sue you.. and the school will provide the lawyer.. for the inocent person who did not consent to the taking of photo.

it is illigle to take a picture without consent. the hospital is responsible on ur family members behalf ( RN who took the picture)..from your story.. it sounds as if she was 100% wrong and guilty of taking the pic... and tht nothing can save her from her job at all.

giving her the option to quit is giving her wtv dignity she has left and if she is stubborn and reluctant to leave she will get what she has coming and thats getting fired !!!!!!!!

I know you really don't anyway preaching but let me give you another scenario that I experienced. In the medical records department of a major hospital in a major city, one employee saw the photo of a patient's private parts misfigured by cancer, told other employees about it, all of them then looking at the picture and talking about it. Now, the patient probably (and hopefully) never learned that this happened, but just think it is one of your relatives... how would you feel. The first hospital I worked for in 1994 had a simple rule: You violate patient privacy, you will be terminated and you may sue the hospital afterwards. And they stuck to it! Two employees were fired after discussing a patient at a local high school football game (no name mentioned), but the patient's relatives happened to sit right behind them.

For me, it's a matter of dignity, and I agree, with a decade of experience, why would she do this being fully aware of the consequences.

Oh, also, hospitals and HR personnel may not be allowed to give out info, but in that same major city with about five major hospitals I ran across the same people all the time; they knew each other, went to lunch together, etc. So, not all info goes the official route and prospective employees may very well be discussed at lunch or at a BBQ.

Specializes in NICU, Post-partum.
Hi a relative of mine was an RN. She just lost her job over a HIPAA violation. She took a cellphone picture of a patient and sent it to a friend. She later had a falling out with the friend and he threatened to forward the picture to the hospital. She went to her supervisors and told them about this threat, police were called to deal with the friend. She was given the option to quit or be fired and quit.

Clearly this was a serious mistake on her part but I'm not looking for lectures, I'm trying to determine what options are available to her now. Number 1 is whether it's possible to fight her termination. One important fact is that there is no actual evidence of the HIPAA violation; the friend threatened to send the picture but never did, for all we know he doesn't even have the picture anymore and was just bluffing. She has long since deleted it. So the hospital undertook this action simply on her admission of a violation. The question is is this acceptable or do they need evidence?

She is going to put in applications at other hospitals nearby but I'm wondering what it will be like looking for work with this in her history. In her favor she can say she quit, and perhaps give some reasons other than the HIPAA violation why she did so. But I'm certain if any potential employers call the hospital they will give the real reason why she left.

So what is the overall job market like for RNs right now? and, does anyone know anything about getting another nursing job after a HIPAA violation? is it impossible or will some still consider her if she's honest. Finally can anyone suggest other options for her? What would be good jobs for someone with her education and experience to pursue if she has difficulty finding work as a nurse again?

Thanks everyone for your help, I don't want to say that this is a desperate situation but it's pretty bad, she was the sole breadwinner for her family and things are going to become very difficult very soon if she is not able to secure another job.

The hospital no longer needs evidence because they now have her confession...so I would wager she doesn't have grounds to fight her termination.

Our hospital probably sends out e-mails at minimum, once every 3 months, warning healthcare workers to not take pictures, not to post things about patients on Facebook, MySpace, etc. They also said that they terminated employes EVERY MONTH for HIPAA violations despite these warnings.

I don't understand what people do not "get" about privacy concerns. The patient has the right to privacy...every aspect of their care, their picture, their labs, their medical records, birth defects, wounds, surgeries, even organs taken out, it doesn't matter!!!!!

I fully support hospitals terminating these employees and personally, feel that people need to lose their nursing license for it or at minimum, be suspended. I feel that the hospital (and they don't), should be required by law to provide the name of the healthcare worker that violated their privacy to the patient or family so they can be sued in a court of law.

There is absolutely, no excuse for it and I don't understand how someone makes this "mistake" anymore than a shoplifter.

On a job application when it says to list the reason for quitting, just leave it blank. Yes, they can disclose the information to future employers because it's factual and they have her on record admitting it....however, MOST facilities will CHOOSE not to do so.

Specializes in Cardiovasc-thoracic/Hospice.

Where I work, even if the employee turned their self in for the HIPPA violation, it would be investigated. If the violation is such that immediate termination is in order, they will be given the option to be terminated or resign their position. In addition to this, the patient is informed of the violation, along with a report to the government (part of self reporting to avoid enormous fines), and may also be reported to state BON, so this may be on this RNs nursing license. It may not be a matter of the previous employer disclosing it.

At the very least, could we PLEASE get the abbreviation correct? It's HIPAA...not HIPPA.

Thanks...:)

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