Falsely Accused of a HIPAA Violation

merricat · Sep 18, 2004

"Unless you are under contract (individual or union) you are considered an at will employee. By law the employer can fire you for any reason or no reason." (says someone in this thread). my response?---- i get so tired of the "at will" thing. it is so misleading. before i let someone tell me to forget a termination because of the "at will" crap, i would see a lawyer-- ive heard "at will" only covers a very narrow range of job situations. it is mostly smoke.

RN4NICU, LPN, LVN · Sep 18, 2004

"Unless you are under contract (individual or union) you are considered an at will employee. By law the employer can fire you for any reason or no reason." (says someone in this thread). my response?---- i get so tired of the "at will" thing. it is so misleading. before i let someone tell me to forget a termination because of the "at will" crap, i would see a lawyer-- ive heard "at will" only covers a very narrow range of job situations. it is mostly smoke.

Don't know who told you that, but I've seen many wrongful termination suits - where the employee was truly right - get thrown by the wayside in court because of at-will employment. One example was a nurse who was floated outside her area of expertise (had NO experience in the area and truly could not have provided safe care there) and was fired for refusal to take the assignment. Protected the safety of the patients, protected her own license, and was fired for it. Sued for wrongful termination, but lost because of at-will employment.

mscsrjhm · Sep 18, 2004

Truly, at will covers just about everything, except discrimination and whistleblowing (some states- whistleblowers are unprotected).

So, just wondering if a HIPPA violation termination would be conducted almost like a juvenile case: completely confidential? Using "John/Jane Doe" as opposed to the correct name?

bhart · Sep 20, 2004

I am the Privacy Officer at my facility (a Community Mental Health Center) and this is how we would handle something like this. Disclaimer - HIPAA is a very gray area and I would not make any move without consulting my HR Director or Center ATTY.

1. We will not guarantee any complainants anonymity.

2. There is always an investigation.

3. The alleged HIPAA violator is made aware of the complaint (and potentially told the name of the complainant - not always - depends on situation).

4. HIPAA does not say what your procedure for disciplinary action has to be, just that you need to have one and it needs to be consistent.

5. The FEDS can come in and look at your documentation at any time.

6. I do not actually do disciplinary action. I make recommendations based on precedent. The HR department usually takes my recommendation - and also takes into consideration the employees past disciplinary issues.

I hope that helped a little bit. I know I was vague, but that is the nature of HIPAA. It will be that way until the FEDS come out with clearer guidelines. I believe it will work much like the ADA Laws did - and that clarity will only come with time and enough lawsuits.

Whistleblower · Sep 21, 2004

My thoughts. At-will employment does not offer protection from being released from your position, even on a "bogus" charge. You can pursue wrongful termination, but it seems to me a roll of the dice.
However, OP, you seem more concerned with the implications such an accusation may have for one's nursing career, i.e. loss of license. An understandable concern. At this point, if the hospital was just trying to find a reason to get rid of someone, I would think their own legal affairs department would have a stroke if they filed a complaint to the BON. THAT action crosses the line from being a shady employment practice (which in some states seems to be strictly an employer-employee issue) to being slander, libel, defamation of character, and "blackballing" - which is illegal in many states.
Would it surprise me to find out hospitals are using HIPAA to get rid of employees they don't want around - not one bit. I've seen excellent, experienced (highly paid) nurses released out of thin air over smaller-time BS than this (like not signing the back of a med sheet - med was given, MAR was initialled, other MARs in the chart were signed, but nurse did not sign the back of a new MAR, just initialled in the box. This nurse was not counselled or written up -- she was FIRED). Do I think that the hospitals would take the legal liability upon themselves to pursue legal action on a false accusation against a nurse's license - I really do not. Could you imagine the PR nightmare for them if and when the local news got hold of THAT story?? Plus the punitive damages they would owe the nurse. Seems too risky (and too expensive in possible litigation) for the money grubbing entities most hospitals are. But, then again, these are just my thoughts. If the violation could not be proven, I am not sure one can predict whose side the court would take.

Hi Everyone,

I have been a praticing nurse for 29 years.I was personally fired by my Massachussetts State Employer, The Department of Mental Health (DMH), for violating patients Confidentiality. To make a long story short, I admitted to sending a series of private reports, to covered entities, of patients abuse, mistreatment, and neglect related to unlawfull room plans that were being used to treat the mentally ill in the State facility I was employed at.

I was fired even though I believe I acted appropriately under Massachusetts Mandated Laws in sending these confidential reports, under the HIPPA Privacy rules,[even before these rules were applicable] to covered entities such as the States Attorney General Office, JCAHO and the BON.

Under the recomendation of DMH, the BON is now attempting to prosecute me for violating patient confidentiality in connection to the private reports I sent their particular Health Investigator.

I also have filed a Health Care Whistle Blower suit against DMH.

My case will be settled in court in a trial by jury.

I thought by telling all of you this it might bring the hypothetical to a real life situation.

Warm regards,

Tom

RN4NICU, LPN, LVN · Sep 21, 2004

Hi Everyone,
I have been a praticing nurse for 29 years.I was personally fired by my Massachussetts State Employer, The Department of Mental Health (DMH), for violating patients Confidentiality. To make a long story short, I admitted to sending a series of private reports, to covered entities, of patients abuse, mistreatment, and neglect related to unlawfull room plans that were being used to treat the mentally ill in the State facility I was employed at.
I was fired even though I believe I acted appropriately under Massachusetts Mandated Laws in sending these confidential reports, under the HIPPA Privacy rules,[even before these rules were applicable] to covered entities such as the States Attorney General Office, JCAHO and the BON.
Under the recomendation of DMH, the BON is now attempting to prosecute me for violating patient confidentiality in connection to the private reports I sent their particular Health Investigator.
I also have filed a Health Care Whistle Blower suit against DMH.
My case will be settled in court in a trial by jury.
I thought by telling all of you this it might bring the hypothetical to a real life situation.
Warm regards,
Tom

Boy o boy. Another warm fuzzy for the "Be a nurse" commercials. Oh J&J? Where are you??

tinnekke · Sep 22, 2004

Hi Everyone,
I have been a praticing nurse for 29 years.I was personally fired by my Massachussetts State Employer, The Department of Mental Health (DMH), for violating patients Confidentiality. To make a long story short, I admitted to sending a series of private reports, to covered entities, of patients abuse, mistreatment, and neglect related to unlawfull room plans that were being used to treat the mentally ill in the State facility I was employed at.
I was fired even though I believe I acted appropriately under Massachusetts Mandated Laws in sending these confidential reports, under the HIPPA Privacy rules,[even before these rules were applicable] to covered entities such as the States Attorney General Office, JCAHO and the BON.
Under the recomendation of DMH, the BON is now attempting to prosecute me for violating patient confidentiality in connection to the private reports I sent their particular Health Investigator.
I also have filed a Health Care Whistle Blower suit against DMH.
My case will be settled in court in a trial by jury.
I thought by telling all of you this it might bring the hypothetical to a real life situation.
Warm regards,
Tom

I hope you win, Tom. Sounds like you have been royally screwed.

Many hugs and much encouragement from this baby nurse.:)

CHATSDALE · Sep 22, 2004

Tom there is a special place in heaven for people who stick there neck out for the good of those who can not help yourself....you continue to stand up and be counted...we love you

Whistleblower · Sep 22, 2004

I hope you win, Tom. Sounds like you have been royally screwed.
Many hugs and much encouragement from this baby nurse.:)

It is 8 o'clock in the morning. I'm just returning home from my new place of employment in New Hampshire.

Thank you so much for your kind and loving words.

Win or loose, I'll keep you posted.

Warm regards,

TOM

Whistleblower · Sep 22, 2004

Tom there is a special place in heaven for people who stick there neck out for the good of those who can not help yourself....you continue to stand up and be counted...we love you

You make me feel good inside. Thank you soooooo much!

Warm Regards,

Tom

Whistleblower · Sep 22, 2004

Boy o boy. Another warm fuzzy for the "Be a nurse" commercials. Oh J&J? Where are you??

J&J don't know the half of it. In my case, "No More Tears" shampoo has helped me a lot. :rolleyes:

TLC to ALL !

Warm Regards,

Tom

Francine-Anne · Nov 18, 2004

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.

You can be anonymously accused of anything in nursing. I am a registered nurse of 32 years. I have seen false accusations in various arenas. I am fortunate this has not happened to me. I have seen it done to others.

Search govt sites re HIPPA. Demand, if accused, who reported you; when the violation occurred. Not always guaranteed if answers will be given.

Make sure you join the ANA, your state's Nurse Association as they can give you the answers and guidance should you ever have difficulty.They can also refer you to legal services, if need be. If you are unionized, ask for help from the organization, also.