Nurses can't be punished for violating HIPAA

Nurses HIPAA

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I see a lot of HIPAAphobia in the nursing realm. I have read several stories about nurses terrified of being fined or being exposed to criminal penalties for HIPAA violations. I have read in nursing text and literature about HIPAA violations and consequences. I am, however, skeptical of the idea that a run-of-the-mill staff nurse can be charged with a HIPAA/HITECH violation. To be clear, a nurse can certainly be punished by the BON, fired, and subject to civil suit under state law (or even criminal law depending on the state and the circumstances). I am, however, hard-pressed to find any justification for Uncle Sam punishing a nurse under HIPAA/HITECH. The way I see it, HIPAA/HITECH cannot be used to enforce penalties against an individual staff nurse. Can anyone prove me wrong?

Alas, it took too long to get around to this clarification.

I have a funny HIPPA story in a pathetic sort of way. A Nurse Ass. Manager I work for wrote me up for a HIPPA violation because I admitted a patient in a semi private room and the roommate heard parts of the interview....imagine? I believed her until I was assured it was not true.

Specializes in ER, Trauma.

Kills me that the BON can punish a nurse for a HIPPA violation. How many nurses know that the questions the answer on their license application and renewal, like legal and medical issues, become public records? The BON is a state agency is not subject to HIPPA regs. Sucks, huh?

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Kills me that the BON can punish a nurse for a HIPPA violation. How many nurses know that the questions the answer on their license application and renewal, like legal and medical issues, become public records? The BON is a state agency is not subject to HIPPA regs. Sucks, huh?

No, it doesn't (suck), because state licensure is an entirely different matter. Individuals who choose to enter a licensed occupation/profession are voluntarily choosing to surrender some privacy rights. The whole point of licensure is that we agree to accept a higher level of accountability and responsibility to the general public.

Specializes in ninja nursing.

When I was taking my nurse pre-reqs I was admitted to the hospital for a medical emergency over the weekend. Long story short my information was released to my employer by a nurse in the hospital, his wife. She recognized my name in the admission although she did not personally care for me. On the Monday returning back to work, he approached me and told me his wife had told him I was a patient and disclosed my procedures, etc (he wanted to talk to me about them). I was extremely infuriated to say the least. I didn't know about HIPAA initially but knew that that had to be wrong to disclose patient information. I went to the hospital and talked to the HR department and the manager over the ED and they assured me they would file a report. I never heard anything back. A few months later I heard about HIPAA for the first time and then returned and told them I wanted to file a HIPAA complaint. The hospital told me six months had passed (I guess their is a statute of limitations?) and nothing would be done. I tried to get a lawyer but couldn't find one who specialized in this type of lawsuit or who wanted to go after the hospital. Personally, I think HIPAA is bullcrap. The patients have no recourse whatsoever. I think it is just a fear tactic to keep nurses in line. I know most of you will not agree with me but as a patient, I've seen otherwise.

I have a funny HIPPA story in a pathetic sort of way. A Nurse Ass. Manager I work for wrote me up for a HIPPA violation because I admitted a patient in a semi private room and the roommate heard parts of the interview....imagine? I believed her until I was assured it was not true.

Am I the only one who wonders why nurses write each other up for doing something perceived to be wrong, but will not write each other down for doing something correctly?

Specializes in PACU, pre/postoperative, ortho.
I didn't know about HIPAA initially but knew that that had to be wrong to disclose patient information. I went to the hospital and talked to the HR department and the manager over the ED and they assured me they would file a report. I never heard anything back. A few months later I heard about HIPAA for the first time and then returned and told them I wanted to file a HIPAA complaint. The hospital told me six months had passed (I guess their is a statute of limitations?) and nothing would be done.

It appears that there is a 180 day limit to file a complaint, but it is possible that it can be waived.

If I believe that my privacy rights have been violated, when can I submit a complaint?

Specializes in Medsurg/ICU, Mental Health, Home Health.
A Nurse Ass. Manager

I have one of these as well! I thought I was the fortunate one to have one running my floor!

Nurses CAN be punished for violating HIPAA - there is no way around it. Have been looking for some good tips on how to stay HIPAA compliant and found this - Online marketing and HIPAA compliance

Perhaps, it can be of interest

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