Student HIPAA violation question - page 3

by studnt 5,263 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. 1
    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.
    This post is 100% inaccurate. You have a right to your own information under HIPAA and there is no witness requirement to obtain it. Further, doubt a student nurse is even covered under HIPAA. It is, at most, a violation of hospital policy (and it would stupid and arbitrary policy at that).
    Esme12 likes this.
  2. 0
    It's my understanding that while you are entitled to your medical records its only under the right circumstances like filling out a release for medical records or using a patient access portal. Every hospital I've been at has explicitly said we are not allowed to look at our records, we need to fill out a medical records release, like all patients.
  3. 1
    Quote from SionainnRN
    It's my understanding that while you are entitled to your medical records its only under the right circumstances like filling out a release for medical records or using a patient access portal. Every hospital I've been at has explicitly said we are not allowed to look at our records, we need to fill out a medical records release, like all patients.
    right.....but that is a hospital policy violation NOT a HIPAA violation. Hospitals use term "HIPAA" freely and use it to scare everyone like the boogeyman is used to scare little children
    redhead_NURSE98! likes this.
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    It is a HIPAA violation (in some facilities) to look up your own records, you have a right to your medical records but you do not own them; it sure if that would keep you from getting a job though
  5. 0
    Quote from HeartsOpenWide
    It is a HIPAA violation (in some facilities) to look up your own records, you have a right to your medical records but you do not own them; it sure if that would keep you from getting a job though
    HIPAA is HIPAA. The act of looking at one's own records is either a federal law violation or it isn't. (It isn't.) HIPAA has ZERO requirements that are "facility by facility." The point is, that people use "HIPAA violation" as some kind of catchall when it's not. If it's a violation of FACILITY POLICY then fine, but they should stop throwing HIPAA out there like it's some kind of threat for looking at your own records because it's not.
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    Why r u impersonating being an RN? One can't easily fake that. A nurse knows when they r speaking with another nurse.
  7. 3
    Quote from HeartsOpenWide
    It is a HIPAA violation (in some facilities) to look up your own records, you have a right to your medical records but you do not own them; it sure if that would keep you from getting a job though
    Facilities don't have an option as to how to implement HIPAA. It is a Federal thing. "HIPAA" is not some sort of shorthand for "the way we want to manage our medical records here," it's a very specific set of instructions with a very specific set of penalties for violations, set out at the Office of Civil Rights (OCR) website.

    I don't know how many ways we can say, "This is not a HIPAA violation, it's only a hospital rule violation," but I've run out.
  8. 0
    Quote from HeartsOpenWide
    It is a HIPAA violation (in some facilities) to look up your own records, you have a right to your medical records but you do not own them; it sure if that would keep you from getting a job though
    How can something be a HIPAA violation "in some facilities"? HIPAA is not facility specific, it's a federal law. The HIPAA I am bound to abide by in Massachusetts is the same HIPAA that a nurse in Oklahoma or Alaska is bound to abide by.
  9. 1
    Did you consent to you viewing your medical record?

    redhead_NURSE98! likes this.
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