Disclosing your name for hipaa vioation

[amber_indigo]

To those of you who were disciplined or fired for a HIPAA violation, did your patient find out it was you who committed the violation? (this is excluding situations where the patient initiated or wrote up a formal hipaa complaint against you.) Would hospitals have to disclose your name to the patient?

[Susie2310]

Patients or their authorized representatives can obtain copies of their medical records and see the names/licensure of the individuals who provided nursing care/medical care etc.

[Double-Helix, BSN, RN]

That really depends on the nature of the infraction and the complaint. Many hospitals will handle matters of patient privacy internally, as not all are reportable.

HIPAA (the law) really applies to written identifying patient information (name, SSN, address, etc.) and accompanying medical information. It creates safeguards to protect who can see and share that information without consent of the patient. The law prevents things like your doctor's office sharing your medical information with your employer without your consent. It also protects the right of your doctor's office to share information with your insurance company for the purpose of reimbursement, or to share information with the police in certain circumstances. Here is a (lengthy) summary of the rule. http://www.hhs.gov/sites/default/files/privacysummary.pdf

"HIPAA" has become a term that we use synonymously in the healthcare industry with "patient confidentiality". HIPAA (the law) doesn't address two healthcare workers discussing a patient in the elevator. So if a nurse is reported for breaching patient confidentiality, it may not legally be considered a HIPAA violation. The nurse could be all means be terminated or disciplined for such an infraction, but that doesn't make it a true HIPAA violation.

If your protected health care information is shared without your consent, you are entitled to be informed when the error is realized. That does not mean you will be told who was responsible or who made the error. If you were to choose to sue the organization, then all pertinent information, including who was involved in the case or responsible for the violation, would be made available during that suit.