Possible termination for HIPAA violations

Nurses HIPAA

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I am a young nurse that has only been practicing for 1 1/2 years. I love my job as a nurse, and I just got my dream job at a hospital I have always wanted to work at. I have been there for 4 months and I was called into HR for a meeting. They asked me why my name was on patient's computer charts that I did not take care of. They informed me that was a HIPAA violation. I was completely devastated as I thought HIPAA violations were more like wrongly giving information out, obtaining info to use against someone, or copying information and taking it with you. Those kind of things were what I thought of when I thought of HIPAA. I didn't look at charts to find someone I knew or anything like that. I am a night nurse and I would just browse during downtime. I couldn't tell anyone the first thing about what was going on with any of the patients. I was just ignorant and didn't realize that I was violating something. They are talking about termination. What can I do to learn from this? To save my name? To save my license? What happens after termination, if that's what they decide.

Thanks for your time,

Desperately needing guidance,

J

Some folks are soft-pedaling what the OP did and minimizing the seriousness of a HIPAA breach. Others are coming down hard on her and maximizing the fear factor in the name of teaching her the importance of HIPAA confidentiality.

Some members have found a middle ground, and I would like to join them.

Violating HIPAA law is serious business. These rules were originally enacted to prevent patients from having their lives ruined when their personal health information was somehow "leaked" to people other than their immediate healthcare teams. Initially, the laws were designed to protect patients who had AIDS or who were HIV-positive and who stood to lose their jobs, their homes, their families and just about everything else that mattered to them because word got out that they had medical conditions that were poorly understood and greatly feared. They became modern-day lepers once their information became public knowledge. The rest of us have benefited from this more stringent way of handling private medical information.

The OP knows now that what she did was wrong, so beating her over the head won't accomplish anything more than to terrorize a girl who is already worried sick.

Without down-playing the importance of HIPAA law one iota, some of us would like to say to the OP, "We're sorry you're going through this. Yes, you misunderstood the law, and, yes, you did break it. But it doesn't appear you did so with any malicious intent. You could be fired. Maybe you will end up with a suspension. But whatever happens, this isn't the end of your world. You still have a husband who loves you. You will recover and be better for the experience. Five years from now you will probably look back on this episode as a time of stretching and growing and wish you could tell your present-day self to hang in there and keep breathing. This, too, shall pass."

Keeping HIPAA confidentiality matters. But so does offering support to someone who has learned her lesson and now is trying to figure out what comes next.

I hope the powers that be can find a good solution that takes care of everyone fairly.

I don't agree...it's not the same as talking about pts in the lunch room. Honestly, I don't see the big criminal offense in this. This is a new nurse, who was bored, trying to stay awake, perusing medical records. There was no ill intent, no maliciousness, she wasn't looking for anyone specific, and probably couldn't recall the names now anyhow!...and isn't this just another way of continuing her education? I mean, you see a pt has disease XXX and that leads to the following s/s and change in lab values. How is it different than when in nursing school and you make care plans? You're technically NOT the nurse responsible for care, yet you read every crumb the chart gives up. And, if you care for a patient and they're transferred to another unit, don't you ever want to check up on that patient? See what their outcome was? Did your efforts to save their life pay off? Of course, but under this way of thinking, that's a HIPAA violation.

Now, if she were perusing the local STD reports and looking for her ex-boyfriends new girlfriend, I can see the outrage, but this? not so much. Lesson learned, move on. Just my 2 cents...

Sorry, just read you're a nursing student...trust me, your views will change as you begin practicing. If you care now, you will learn you don't stop caring just because they left your unit.

So you won't mind if your bored, sleepy coworkers peruse your personal file, right? After all, they may be interested in management and it would be a learning experience.
Specializes in none.
I am a young nurse that has only been practicing for 1 1/2 years. I love my job as a nurse, and I just got my dream job at a hospital I have always wanted to work at. I have been there for 4 months and I was called into HR for a meeting. They asked me why my name was on patients computer charts that I did not take care of. They informed me that was a HIPAA violation. I was completely devastated as I thought HIPAA violations were more like wrongly giving information out, obtaining info to use against someone, or copying information and taking it with you. Those kind of things were what I thought of when I thought of HIPAA. I didn't look at charts to find someone I knew or anything like that. I am a night nurse and I would just browse during downtime. I couldn't tell anyone the first thing about what was going on with any of the patients. I was just ignorant and didn't realize that I was violating something. They are talking about termination. What can I do to learn from this? To save my name? To save my license? What happens after termination, if that's what they decide.

Thanks for your time,

Desperately needing guidance,

J

It's Lawyer time now and I mean a good one. In the old days with paper charts we could read them but not now with computers. Even though you " Just browsed" You read information you didn't need to know. I am not trying to scare you this could go father than just termination. But it sounds to me like they might just give you a written warning. I don't think the hospital wants to deal with a law suit or the government guys. Having a lawyer on your side would help. What ever happens bring a good book in with you next time. Charts just don't have that good of a plot.

Specializes in Critical Care.

All you can do is say your sorry, pray and hope they don't fire you. Maybe they'll just suspend you but they do commonly fire people for accessing other's medical records. Anytime you look up anything on any patient in the computer there is a permanent record that you were there! There have been many high-profile firings in the news in the last year alone!

Good Luck!

Hi,

I am just starting my second half of an LPN program. My clinical instructor just informed my group last night that by no means should we look at ANY chart of ANY patient that is not in our care. She informed us that this is in fact a HIPAA violation.

I'm very sorry that this happened to you and I wish you the best.

Thanks to all of you who gave me constructive criticism, prayers, and further USEFUL information. I got a call today that I'm not being terminated. Instead I just have a meeting with them Monday to talk about it and how we can change it. I completely told them the truth and informed them I would do ANYTHING to help me and others in the future. They understood me and know the type of person and nurse I am. I am just grateful that they see me as a nurse that they still want on their team. Yes I did learn all of this the hard way. Just as a poster said before sometimes things might not stick when you are handed a sheet or told in general conversation... Sometimes you practically have to run into it to make it make sense and stick. Believe me IT IS STUCK!!! I will do everything in my power to continue to give the best care I can, smile at everyone I come into contact with, and bring reading material. :-) again thanks to all for the comments that were of use... Some gave it to me head on but still with care, some gave it nicely to try to make me feel better, and others well... Didn't leave me with anything to remember but to wonder if they ever made a mistake in their life, because guess what... I'm human and I learned.

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

Good. More important than anything else is that you realized the error and have learned from it. It's rather clear that you have established yourself as a good nurse with a good reputation, hence the second chance you have been offered. That alone is an accomplishment in today's world. Good for you and best of luck with your meeting on Monday.

Thanks to all of you who gave me constructive criticism, prayers, and further USEFUL information. I got a call today that I'm not being terminated. Instead I just have a meeting with them Monday to talk about it and how we can change it. I completely told them the truth and informed them I would do ANYTHING to help me and others in the future. They understood me and know the type of person and nurse I am. I am just grateful that they see me as a nurse that they still want on their team. Yes I did learn all of this the hard way. Just as a poster said before sometimes things might not stick when you are handed a sheet or told in general conversation... Sometimes you practically have to run into it to make it make sense and stick. Believe me IT IS STUCK!!! I will do everything in my power to continue to give the best care I can, smile at everyone I come into contact with, and bring reading material. :-) again thanks to all for the comments that were of use... Some gave it to me head on but still with care, some gave it nicely to try to make me feel better, and others well... Didn't leave me with anything to remember but to wonder if they ever made a mistake in their life, because guess what... I'm human and I learned.

Good for you!!! Believe me alot of us newbies have learned a lesson with you. Peace. :smokin:

To the OP

i have read all the posts up through the last one and let me just say I am ecstatic for you that you are still employed. When it's your life, career, and livelihood on the line the world becomes pretty small and it's hard to find perspective. We have a tendency to react emotionally, mentally, and physically to bad experiences as if the impending doom has already happened to us. I don't think you overreacted to the scariness of your situation. I'd be having a heart attack too, especially in this economy, at the prospect of being fired and all the blood sweat and tears that goes into a nursing education could be ruined in the worst case scenario. So, glad you learned from your mistake and your are keeping your job. Now go eat a bunch of yummy food with cherries on top!

Specializes in LTC.
Maybe if the OP had listened to the "hard *****" ie, instructors, hospital facilitators, they would NOT have their own *** on the line risking the career they worked so hard for because they are "bored" and decided to break the law. Maybe it is the lackadaisical attitude such as the one you seem to present about this situation they find themselves in trouble. :rolleyes:

Hmmm...Looks like she's going to be ok after all. ;)

Specializes in Oncology; medical specialty website.

I'm glad it worked out for you.

Magnolia: Glad to hear that you are still employed :yeah:I trust you have definitely learned your lesson and will continue to be a great nurse! I too, have also learned something from this thread, so thank you for sharing! Good luck to you on your meeting with HR on Monday! Keep us posted.

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