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I recently found out that several of my co-workers accessed and discussed my medical records via our computer system that we use at work (I am an RN in a large area hospital). What should I do? I am being treated as an employee and not as a patient whose privacy has been violated. I was told when I complained that this is a problem that is to be expected among co-workers because we are all "curious". I feel humiliated and violated. Any advice?
Send an email to your boss. Because he/she can always deny any verbal conversation.Check you policy and procedure manual on what do do for a suspected HIPAA violation. And then follow that guideline as if it were any patient. Notify appropriate persons. You have to have a paper trail. If nothing is done, then file an official HIPAA complaint. The hospital will have to pay a huge fine.
I have watched this go on at the small community hospital I work at. Someone the nurses know gets admitted....they look it up. Someone they know comes into the ER...they look it up. They want to know your birthdate, middle name, address (need to send a wedding invitation!)...they look it up. I am appalled and have made myself clear in my department that it is violation of HIPAA and accessing records of ANYONE is on a "need to know" basis for which you are directly involved with the care of the patient. I, too, took this matter to Admin. only to be rebuffed. After reading thru this thread I believe it is time for me to take action beyound my facility. As it stands neither myself or my husband would ever use this hospital for our own medical
needs.
just a few thoughts...........
you state you are in a large hospital. there should be a person who is the protected health information or compliance officer and there should also be someone in risk management who has some level of responsibility in situations like this. this is a violation of phi (protected health information) according to hipaa and should be treated very seriously and these departments know that. i would file a complaint with both of those offices.
i believe that they are required to somehow log who had access to your records by someone signing onto the system and entering your chart. this will likely back up your claim when you file with the office of civil rights - the federal level of complaints that should be done.
i'd also write a letter to the directors of nursing, operations, and executive officer about your experience and be able to back it up with specific conversations, witnesses and any written information in reference to the conversation you could provide.
i would file a complaint against these nurses to the bon for professional misconduct and let them know that you have filed with the office of civil rights.
best of luck to you and i am sorry this happened to you.
PMHNP10
1,041 Posts
so there's an electronic record of their snooping? ewwwwwww. Do you now feel they're treating you any different (rhetorical question, but something to think long and hard about)?
can't give legal advice other than to maybe hint that it wouldn't be a horrible idea to consult a lawyer