Can the nurse test reported HIPAA get charged with it too?

[Anon143]

The nurse found a CNA on Facebook who took a pic with a resident in the background. The nurse texted the photo (that was also a Facebook profile photo at that time) to the DSD & DON to report it. The DSD hasn’t fired or did anything to the CNA because the CNA is her friend. If she does, can the nurse that reported the HIPAA violation get in trouble too for texting the photo to management ?

[kbrn2002, ADN, RN]

Don't assume the CNA wasn't fired because she is a friend of management. Don't even assume the picture was a HIPAA violation. Maybe the resident or the resident's responsibility party has signed a release for images to be used on social media. You wouldn't know that as you normally would have no need to know that information to perform your job. You did what you felt you had to do by reporting a possible HIPAA violation, what happens after that is not your concern. No responsible management would keep you updated on any disciplinary actions just because you reported the violation,

[Anon143]

5 minutes ago, kbrn2002 said:

Don't assume the CNA wasn't fired because she is a friend of management. Don't even assume the picture was a HIPAA violation. Maybe the resident or the resident's responsibility party has signed a release for images to be used on social media. You wouldn't know that as you normally would have no need to know that information to perform your job. You did what you felt you had to do by reporting a possible HIPAA violation, what happens after that is not your concern. No responsible management would keep you updated on any disciplinary actions just because you reported the violation,

The Cna is still there. Another CNA spoke with the patient about this incident because it spread all over the facility because the DSD told everybody about it. The pt didn’t want to sign anything in regards allowing his ID to be released. So management is just keeping it hush because survey is due to come in a few weeks. The CNA keeps threatening me and I’m about to report to HR for her threats of wanting to beat me up & shoot me because the DSD told her

[kbrn2002, ADN, RN]

There are a lot of things about this scenario that I don't really understand I guess. It makes zero sense that another CNA would speak to the resident about any release of information. Even if a CNA did talk to the resident about it a CNA is in no position to do anything with that information. That's way above a CNA's scope of practice. On the other hand, if you are actually being physically threatened by another staff member and management isn't responding swiftly that's something you definitely should be going up the chain of command to address.