I am a 45 year old nursing student beginning my second year of my ADN. I was recently told by an RN at the hospital where I have my clinicals of a curious use of HIPAA. She stated that hospital administration and even coworkers use false HIPPA violation accusations to fire health care workers, even nurses, that they do not like. She explained that with anonymous HIPAA accusations they do not have to present any evidence or identify the accuser and they avoid any potential legal ramifications from unwarranted termination. They don't even have to tell the accused of what he/she has done. It's quick, easy, no fuss no muss.
Being a citizen of the U.S., if the above is true, I find this deplorable and a little bit scary. Please tell me that the nurse was exaggerating. What ever happened to the constitutional right to confront your accusers?! How about at least knowing what your accused of?!
Some questions:
With HIPAA can you be accused anonymously?
Can you be brought before a hospital HIPAA Committee without knowing or ever being told what the accusation is?
Does the HIPAA Committee have the power to terminate your employment or recommend your termination even if you contest the accusation?
Does the Hospital HIPAA Committee have the power to terminate your employment, or recommend termination, based on the anonymous accusation only, even though there is no other evidence of a HIPAA violation?
Where can I find a description of the rights of the accused in the HIPAA regulations?
Where can I find a definition of the powers of the hospital HIPAA Committee in the HIPAA regulations?
Is there a way to appeal the decision of the HIPAA Committee? What authority is there above the hospital HIPAA Committee?
Your answers and comments will be greatly appreciated.
I was going to suggest we stay away from personalities and whether or not anybody seems rude, and focus on this OP's topic.
Sounds like this is relatively uncharted territory.
Maybe the OP can contact their local authorities and post what they learned?
I'm interested....
You have to admit - the tone this poster has used with those who have already responded does not exactly make people want to help. OP has "virtually" bit the head off everyone who has offered information. It WAS rude.
I find your response scarry. Every nurse should understand HIPAA!!!!! Your career depends on it!!!!!! My understanding is that hospitals require that you sign a document stating that you have read and understand HIPAA requirements. Are you a nurse? Have you signed such an document???
By the way I did speak to the HIPAA officer at the hospital and she stated that she was not aware of any statement related to what rights a person has who is accused of HIPAA violations. Than she proceeded to give me the brush off. It was clear that she did not really want to give me any answer or assistance. No one seems to want to talk about what happens to a person who is falsely accused by annonomus persons.
Well I really don't understand why you would expect that people on this board would know the answers to your questions.
Why don't you contact the HIPAA officer at the hospital where you do your clinicals and discuss it with him/her.
Beign fired for any reason they like is one thing, using HIPAA as an excuse, which is what has happened in this case, can result in the loss of your license and thus your career!!! There is a BIG difference!
I think Angus did answer you. An employer can fire you for any reason they like, so they don't need to "use" HIPAA to do it. I have never heard of it happening.
Sorry if you think I am rude. How would you prove that "if they say that you violated HIPPA but you suspect they really fired you because you are disabled, over forty, a male/female, a whistleblower in some states or other protected class" when you cant even prove that the HIPAA accusation is false because you are never allowed to see the original report or are even told what the accustion was? This seems critical to defending your position.
First off I was responding to Angus and secondly your response comes off as really rude. Please try to read the websites and responses posted and make some conclusions. We both gave you the info you need to draw a conclusion. Read the websites that I posted. But I will spell it out for you. If you are an at-will employee, then yes they can fire you for whatever reason (including HIPPA violations) but they cannot violate federal and state laws. So if they say that you violated HIPPA but you suspect they really fired you because you are disabled, over forty, a male/female, a whistleblower in some states or other protected class then it is illegal and you have the right to file a suit with the appropriate agency.
Mantibob - did you find the website from the Office of Civil Rights helpful? Good luck...I'm sorry you are so upset. Yes, as an RN I am very mindful of HIPAA guidelines. However, if you speak to anybody in HR and your privacy office - you will find there are many interpretations of this law - it is still a very grey area.
I recently spoke to a lawyer about following up on a dismissal and she said you can not force the hospital to follow their own written human resource policies. In an at will state you are not protected by anything they have written unless it is a contract with you or a group you belong to. (so the policies mean nothing)
Sorry if I sound rude. Just trying to find answers to the questions I originally posted. Do you have any comments or answers to these questions? I would really appreciate them. Thanks
You have to admit - the tone this poster has used with those who have already responded does not exactly make people want to help. OP has "virtually" bit the head off everyone who has offered information. It WAS rude.
Can you be brought before a hospital HIPAA Committee without knowing or ever being told what the accusation is?
That'd be a waste of the forum's time.
Does the HIPAA Committee have the power to terminate your employment or recommend your termination even if you contest the accusation?
Don't know.
Does the Hospital HIPAA Committee have the power to terminate your employment, or recommend termination, based on the anonymous accusation only, even though there is no other evidence of a HIPAA violation?
That'd be ridiculous. To make any sense of their mission, their actions must be evidence-based.
Where can I find a description of the rights of the accused in the HIPAA regulations?
If there is any such description, I'd guess in the HIPAA reg's.
Where can I find a definition of the powers of the hospital HIPAA Committee in the HIPAA regulations?
If there's such a definition there, then same as the previous answer.
Is there a way to appeal the decision of the HIPAA Committee?
Don't know. But probably.
What authority is there above the hospital HIPAA Committee?
Don't know. Depends on the pre-emption authority within the reg's and their enabling act
Interesting post and questions.
My comments are interlaced above.
Would appreciate anyone's specific research of the above. Thanks!
RN4NICU, LPN, LVN
1,711 Posts
You have to admit - the tone this poster has used with those who have already responded does not exactly make people want to help. OP has "virtually" bit the head off everyone who has offered information. It WAS rude.