Needing advice or any help with this

Nurses HIPAA

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I recently found out my daughter (who currently worked at the hospital in admission or insurance) had copies of my medical information. This was in April, 2003. I was extremely depression.. I was dealing with the death of my mother and my grandchild, I could feel myself sinking deeper into my depression. I discussed this with a good friend of mind who was also an RN. So when released from hospital the next morning I checked myself into a treatment center to help with me depression. I found out in 2013 my daughter had copies of my medical records letting others read them. She had kept these files since 2003. ER notes, labs, history, ect...

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What sort of advice are you looking for? Unless you gave your daughter permission to access, keep, and release to others your medical records (I'm guessing that what you're saying is that she accessed and obtained your records through her position at the hospital?), what she's doing is a serious violation of Federal and, probably, state law.

It pretty much boils down to how much trouble do you want to get her into? There are serious consequences for HIPAA violations, and this seems like a particularly blatant one. If she still works for the hospital, it's likely she would get fired. If you report her to the Federal OIG, possible consequences include sizeable fines and even possible prison time.

This is a tough situation to be in! Best wishes --

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Did you hear this, or do you know this?

Unless you signed a release at the time (and it should be noted, that sometimes releases are signed unknowingly in a state of which you were not exactly at your best) OR because of your condition, your child signed releases, then it is a matter of pursuing this or not.

As the pp suggested, any number of things could happen. With that being said, mental illness is not a character defect. It is a disease process. It is horrifying to know that someone in your family, your child, is attempting---well I dunno what she is attempting to do after 11 years, however, it doesn't make you any less of a person because of it. It is nothing to be ashamed of, happens every day, to any number of people.

I am so sorry that this has happend to you, and your privacy has been violated. And I really don't have any advice, other than chin up, go forward with confidence, and think about any actions that you take before you take them.

Best wishes!

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

Do you know this for sure? Did you ask your daughter?

Unless you gave permission...she should not have them.

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I can see why this is upsetting for you...I agree with elkpark..not sure what type of advice you want...to support your feelings in being upset (very justified)...or other suggestions?.....

This whole issue raises lots of questions...1) How did you find out this information? i.e. as your comments make it sound like you both work in the same hospital?? If so, then, 2) does your compliance department track other RNs / staff who inappropriately access other patient's medical records? (HIPAA violation). 3) Is this confirmed information i.e. via a printed report showing her login initials to verify she looked up your information in the EMR from the ER? (or is your hospital still on a paper chart?) and 4) If still on paper chart, how did you verify this info? verbally from others?

As an RN herself, as well as a family member, she should have respected your privacy enough to not have done this without your permission. Note, some hospitals still do not allow this sort of thing (i.e. looking up med records of family member, labs, etc) even with the family member's permission (depends on the hospital's policies).. Again, I can certainly see why you are upset, but regardless, if you don't report this infraction you could get in trouble as well for uncovering this information and not reporting these incidents. It shouldn't make a difference whether the person causing the HIPAA violation, or any other violation is a family member or not. Not to be harsh, but at work you're both RNs...you're not at work to be her mother or her best friend. Best of luck

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Specializes in Pedi.

Perhaps I'm reading this differently than others, but if she had access to the information because she worked in medical records or admitting, that's legit. Sharing that information with others, of course, is not. But I'm confused. She's your daughter, so if you were admitted to the hospital wouldn't she know by means of being your daughter?

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Perhaps I'm reading this differently than others, but if she had access to the information because she worked in medical records or admitting, that's legit. Sharing that information with others, of course, is not. But I'm confused. She's your daughter, so if you were admitted to the hospital wouldn't she know by means of being your daughter?
She might have access to be in the chart but not access to browse through it or have a copy in her possession.
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Yes I know for sure, She finally brought what she had and gave it to me. Never gave permission. I've requested a complete copy of my chart to read for myself.

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Specializes in Forensic Psych.
Perhaps I'm reading this differently than others, but if she had access to the information because she worked in medical records or admitting, that's legit. Sharing that information with others, of course, is not. But I'm confused. She's your daughter, so if you were admitted to the hospital wouldn't she know by means of being your daughter?

Unless she was the one admitting her or coding her bills or anything like that, then no, she had no right to read it or take copies of it home.

When I've been hospitalized, my own mother (who works there as a nurse) isn't even allowed to access my chart unless she's MY nurse...and she hasn't ever been.

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Specializes in LTC Rehab Med/Surg.

At the risk of sounding unfeeling, I just can't figure out what difference it makes after 11 years.

I tried to put myself in the OPs shoes. I might feel betrayed that my daughter would do such a thing, but an event that occurred a decade ago has no bearing on the person I am now.

The other posters have pointed out that your daughter is breaking the law. I think you already know that.

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HIPAA wasn't really implemented until 2003, even though the law passed earlier. Maybe it was easier for her to access those records back then. In the present, what she is doing is unlawful b/c she did not access/keep/share the records for legitimate purposes that would be covered by HIPAA. When I was in the ICU in 2003, a friend's mother, who was an RN at the hospital on a different unit, heard I was there. She came & read through my record. Thus, I know how you feel - VIOLATED. I'm sorry this happened to you.

HIPAA Administrative Simplification Statute and Rules

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At the risk of sounding unfeeling, I just can't figure out what difference it makes after 11 years.

I tried to put myself in the OPs shoes. I might feel betrayed that my daughter would do such a thing, but an event that occurred a decade ago has no bearing on the person I am now.

The other posters have pointed out that your daughter is breaking the law. I think you already know that.

I can see it making a big difference to someone if the daughter still has the records and continues to share them with other unauthorized individuals.

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