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.
