Falsely Accused of a HIPAA Violation

Nurses HIPAA

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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.

Specializes in Telemetry.

Thanks for your reply. You have given me new insight about this. It being so new it is probably open to a lot of interpretations and misinterpretations. I am sure over time a lot of my concerns will disappear as these gray areas will become more clear. I am not so upset as concerned.

I have not had a chance to the website but will soon.

Thanks again

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.
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Specializes in ICU, CM, Geriatrics, Management.
... employer cannot fire you for any reason that is legally protected from wrongful termination...

Unless the HIPAA provision under which the action is taken has parallel or pre-emptive authority in relation to the protective legislation at issue. If parallel, then a determination of supercession would need to be made. If pre-emptive (seems unlikely), then HIPAA would control.

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Specializes in ICU, CM, Geriatrics, Management.
... 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.

Ditto.

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Specializes in Telemetry.

Good point! Thanks

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)

So that answers part of your question.

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Specializes in ICU, CM, Geriatrics, Management.
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.

Perhaps someone here does know the answer to the answers posed.

Good suggestion regarding the HIPAA officer.

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Specializes in ICU, CM, Geriatrics, Management.
... your response comes off as really rude...

Agreed.

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Specializes in ICU, CM, Geriatrics, Management.
... Maybe the OP can contact their local authorities and post what they learned? I'm interested...

Seconding the motion.

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Specializes in Telemetry.

Good reply. I can see form your response that we need to get these answers. Thanks

Some questions:

With HIPAA can you be accused anonymously?

Why not?

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!

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Specializes in ICU, CM, Geriatrics, Management.
... 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.

Let's be real. There's no way nurses are gonna know all the details of this legislation unless their day-to-day work involves them (e.g., they work in compliance, HR, etc.). And even those that meet the above test, may still not be aware of refinements in interpretation, new amendments, current court rulings, etc.

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Specializes in ICU, CM, Geriatrics, Management.
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...

Not sure that is correct. And certainly it wouldn't be if a hospital follows the policy in the termination of one employee but doesn't in another under similar circumstances.

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Specializes in ICU, CM, Geriatrics, Management.
... I will post if I find anything.

Please do share. Thanks!

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Specializes in Telemetry.

I see your point, but maybe we should be concerned with something that has the potential for the loss of our license. If you ever get falsely accused it would be very benifical to know your rights and what actions you can take to defend yourself. The HIPAA Officer and committee are not going to tell you. Not knowing could result not just in your loss of employment but the loss of your license and thus the loss of your entire career.

Let's be real. There's no way nurses are gonna know all the details of this legislation unless their day-to-day work involves them (e.g., they work in compliance, HR, etc.). And even those that meet the above test, may still not be aware of refinements in interpretation, new amendments, current court rulings, etc.
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