Are Nursing Students Subject to Penalities When Committing HIPAA Violations

[Nana1071]

Disciplinary Guidelines for HIPAA Violations - HIPAA Compliance Program - The University of Texas Health Science Center at San Antonio

[roser13, ASN, RN]

I'm really not certain what the question is. The link that you posted seems to answer your question.

[Meriwhen, ASN, BSN, MSN, RN]

From http://www.gpo.gov/fdsys/pkg/FR-2006-02-16/pdf/06-1376.pdf

Emphasis in underline is mine.

"Whether a person is sufficiently under the control of a covered entity and acting within the scope of the agency has to be determined on the facts of each situation, but § 160.402© creates a presumption that a workforce member is an agent of the covered entity for the member's conduct under the HIPAA rules, such as using and disclosing protected health information."

[truncated part about independent contractors]

With respect to volunteers and trainees, we note that, while covered entities may have less control over these persons, they do control their performance of activities that are governed by the HIPAA rules, such as access to protected health information. In regard to privacy, a covered entity is required to train these categories of workforce members as necessary and appropriate for these volunteers and trainees to carry out their functions within the covered entity. 45 CFR 164.530(b). This requirement allows a covered entity to adapt its training to a volunteer's or trainee's scope of duties. For example, a volunteer who files laboratory results in a medical record will require training that is different and more extensive than the training given to a volunteer in the lobby gift shop of a hospital. Section 160.402© is consistent with these distinctions. The acts of volunteers and trainees will be examined on a case-by-case basis to determine if they are acting as agents within the scope of their agency. Thus, we think that it is appropriate to treat volunteers and trainees as persons for whose acts a covered entity may be liable, if they act as agents for the covered entity and violate the HIPAA rules within the scope of their agency.

Translation: Yes, students can be held liable for HIPAA violations and subject to federal penalties, in addition to whatever disciplinary action the nursing school may choose to impose separately.

Hope this helps.

[kakamegamama]

Our students were penalized as if they were employees if they violated HIPAA.

[CamillusRN, BSN]

In my program (at least while I was still a student), the student would have had to say bye-bye to both the clinical site at which the violation occurred and to the remainder of the program with little or no hope of re-admittance.