Student HIPAA violation question - page 2

by studnt | 5,497 Views | 31 Comments

In my externship at a large clinic. I needed to have my immunizations up-to-date. I was told my MMR was not and could not be found anywhere in the registry. I had my blood drawn at another clinic to see if I was immune. They... Read More


  1. 6
    Quote from rnnursingstudent
    Actually it is a HIPAA violation. You are not allowed to view your own chart by yourself. If you want to view your chart it has to be witnessed and if I recall it has to be two witnesses. You also have to put it in writing that you would like to view you chart and it is not so much you viewing it is such the major issue its to ensure you don't take anything out of the chart that is in there for instance if you didn't like what a pcp wrote in one of his progress note. You are a regular patient there. And if you want to get technical you are not supposed to view any chart that is not directly related to your tasks at hand. I have seen people take out charts and just start reading them and they had no business or medical need to read them. They are LEGAL documents people.
    Please cite the source of this opinion, rnnursingstudent. It does not appear in the HIPAA regs. It may be a hospital or school policy but it is not a HIPAA violation.
    sharpeimom, Dazglue, SoldierNurse22, and 3 others like this.
  2. 3
    Quote from rnnursingstudent
    Actually it is a HIPAA violation. You are not allowed to view your own chart by yourself. If you want to view your chart it has to be witnessed and if I recall it has to be two witnesses. You also have to put it in writing that you would like to view you chart and it is not so much you viewing it is such the major issue its to ensure you don't take anything out of the chart that is in there for instance if you didn't like what a pcp wrote in one of his progress note. You are a regular patient there. And if you want to get technical you are not supposed to view any chart that is not directly related to your tasks at hand. I have seen people take out charts and just start reading them and they had no business or medical need to read them. They are LEGAL documents people.
    Actually there are some hospitals now where you can access your labwork and results of othtre tests right on the internet.
    sharpeimom, Dazglue, and KelRN215 like this.
  3. 0
    I access my own records via a website my pcp and the hospital she is affiliated with has for such a thing. I did have to fill out a "permission" form, so to speak, but I can easily type in the web address and read provider letters, lab values , and other test results. I agree with others that it wasn't HIPAA that you violated, but may have been an agency policy instead. Your chart is your chart. What does the agency policy say about accessing your own records? Hang in there---no need to think you have to change careers....
  4. 0
    Quote from Esme12
    Actually there are some hospitals now where you can access your labwork and results of othtre tests right on the internet.
    I usually know my lab results before my doctor every contacts me with them because of the online portal I use. Actually, since certain labs are available in real time- the last time I was in the hospital, I was checking the results and knew them before the nurses and the doctors in the ICU.
  5. 4
    Quote from rnnursingstudent
    Actually it is a HIPAA violation. You are not allowed to view your own chart by yourself. If you want to view your chart it has to be witnessed and if I recall it has to be two witnesses. You also have to put it in writing that you would like to view you chart and it is not so much you viewing it is such the major issue its to ensure you don't take anything out of the chart that is in there for instance if you didn't like what a pcp wrote in one of his progress note. You are a regular patient there. And if you want to get technical you are not supposed to view any chart that is not directly related to your tasks at hand. I have seen people take out charts and just start reading them and they had no business or medical need to read them. They are LEGAL documents people.
    False. I have operative reports, clinic notes, pathology reports, MRI slides and MRI reports dating all the way back to 2002 in my possession. Never once did I have to view these in the presence of ANY witnesses. Patients have the right to their own records. Certain facilities may have policies that if a patient wants to look at their chart right then and there, that is has to be in the presence of a staff member, but this is not a HIPAA requirement. By signing a release in medical records, you can get copies of all of this sent to you- to keep.
  6. 0
    Sorry I am just stating what I have been taught and maybe it isn't a HIPAA violation but the only reason that it stuck with me is because it was a test question that was pretty much that scenario and I had got it wrong because I didnt see the harm in it either and that is when my professor broke everything down for me.
  7. 0
    Quote from rnnursingstudent
    Sorry I am just stating what I have been taught and maybe it isn't a HIPAA violation but the only reason that it stuck with me is because it was a test question that was pretty much that scenario and I had got it wrong because I didnt see the harm in it either and that is when my professor broke everything down for me.
    I'm surprised a school is teaching that. HIPAA is not just about protecting personal health information from unauthorized disclosure; it's also about protecting a patient's right to access health records. Maybe you can guide your professor to this website: For Consumers
  8. 0
    Thanks for the tip MarieBailey I will tell her
  9. 0
    Quote from mariebailey
    I'm surprised a school is teaching that. HIPAA is not just about protecting personal health information from unauthorized disclosure; it's also about protecting a patient's right to access health records. Maybe you can guide your professor to this website: For Consumers
    They tell us that to instill the fear of God in us. I mean, I guess it works, but then you get out into the real world, and then, "Oh. Okay. Well good to know."
  10. 0
    I can't believe there was someone heartless enough to vote "Yes."


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