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.
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.
... 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.
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)
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!
... 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.
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.
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.
Mantibob
108 Posts
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