My boss looked in my EMR for my miscarriage

Nurses HIPAA

Published

I had not announced the pregnancy to my work, but after learning there was no heartbeat, I needed to take a personal day for a D&C. I spoke with my nursing manager (who was very kind). When returning to work a supervisor, under my nursing manager, spoke to me and knew much more than I had told my nursing manager. I have strong suspicion that she accessed my medical record. I was not treated at the hospital where I work(so she didn't "overhear" anything, but in the same medical system= same EMR. I have previously caught this supervisor altering other nurses charting, and had called her out to HR for altering pay records. (She was caught and "counseled") As a patient, how can I find out if she accessed my medical record? Also, what if she used another's ID?

Thank you.

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Specializes in BMT.

You can file a complaint about a HIPAA violation

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Hospitals keep track of who accesses medical records. If she accessed your electronic record, the hospital would have a record of that. You could talk to the risk management people at the hospital (you were at), share your concerns, and ask about unauthorized users accessing your chart. If she used someone else's ID, that wouldn't be obvious, but I would bet that, if RM or IT leaned on the person whose access ID she used, that individual would rat her out pretty quickly.

Sorry for your loss -- best wishes!

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Specializes in HH, Peds, Rehab, Clinical.

If she did this, she left an electronic footprint. IT is far smarter than she is. File a complaint with your suspicions and get the ball rolling

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Specializes in Complex pedi to LTC/SA & now a manager.

Risk manager or HIPAA compliance officer of the facility where you were seen. Even if staff from the other facility discussed your case with the supervisor that would be a violation.

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Specializes in Healthcare risk management and liability.

The risk manager/compliance officer here thinks you should file a complaint with your compliance or privacy officer. They can sort things out in short order.

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I am so sorry for your loss.

As others have posted, the risk manager and compliance officer of the facility that you were treated at.

Going forward, now that you are aware that your manager is one sick cookie, be mindful of what you share beyond the very basics. However, most facilities fire people for inappropriate access to medical records, especially as this person already has this type of thing on their employment record.

Again, my condolences.

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Big HIPAA violation.

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Now that is potentially creepy..

Even if there is some kind of attempted reasoning/justification made,

such as.. the intrusion was done for kosher 'supportive/safety' reasons..

It still aint right.. that 'supervisor' needs serious remedial supervision.

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Specializes in Internal Medicine, Geriatric Medicine.

Report it to the risk manager and compliance officer. None of her business. Actually, I'd go beyond needing remedial supervision and say fire her and report it to the BON. There's a reason for privacy laws.

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hmm, yes, the BON, she violated the morals clause that most states have...

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I hope you have reported this by now. I am so sorry for you loss. She should be sanctioned for this and the hospital will be fined a large amount of money for her behavior.

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