Is this a HIPAA violation

Nurses General Nursing

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I have a friend that is pretty sure a Hippa violation happened to her. She was getting ready to go to college last year and two days before she was going she got a shot of Rocephin IM for a sinus infection. She went into anaphlactic shock and almost died. She was in the hospital in her home town for 4 days. She had a very hard time and was diagnosed with PTSD. In May she was admitted to the hospital in the town where her college is for depression narcotic addiction. She was in there a week and with counseling has done awesome. That month she moved into an apartment where she met a girl that lived upstairs. They were friends until my friend moved out of that apartment and into the soriety house. This girl that lived upstairs didn't like my friend anymore since she joined the soriety. For the next six months this girl was real mean to my friend when ever she saw her. This girl worked at the same hospital my friend was hospitilzed for the depression. This girl was always calling my friend and text messaging her that she was going to tell everyone why she was in the hospital. My friend was scared because she didn't want anyone to know. About a month ago this girl was at the same club as my friend and followed her into the bathroom. She grabbed my friend around the neck and said "I'm going to tell everyone why you were in the hospital b---and everyone will know you are psycho and a drug addict. You can't get me in trouble and will have no proof i've told anyone." My friend went to the police station and reported the assault. They said this girl just committed a big Hippa violation and wanted her to talk to the people at the hospital. She is scared and doesn't know what to do. She said when she was friends with this girl that she would always tell her why patients were admitted there and would have charts of different patients at her apartment. At the time she didn't know why this girl would have them since she isn't a nursing student. Anyway, my friend doesn't know what to do. Is this a Hippa violation?

babynurselsa

zmaybe you can explain to me your reply "I am still looking for that 10 fooet pole smilinng" I presume you are being sarcastic but I don't know why. Aren't you a nurse like most of those on here but with little passion?

Specializes in ER, NICU, NSY and some other stuff.

Well, just to start, every person I know who has joined sorority can spell it.

Any time a person accesses an electronic chart, much less makes a copy of it there is a record of that in a facilities IT dept. If this person has been running off copies of patient charts it would quickly be noticed. A person with 25 or more charges of harrassment and protective orders against them would have a difficult time passing a background check to work in a healthcare facility of any sort. Medicare frowns on this sort of thing.

These are just a few of the things that I see in your posts that make it more than a little difficult to swallow.

Also, if your friend never told this girl why she was there and the girl found out by looking in her record that is a violation (if she wasn't treating her). In my facility this is a fireable offence.

~Jen

yep, tell your friend that even looking at her chart is a violation- but to go ahead and threaten with personal info is basis for some serious trouble. your friend should contact Hipaa directly. they DO NOT pay around.

Specializes in UR/PA, Hematology/Oncology, Med Surg, Psych.

Keep your chin up, you have done nothing to be embarassed about. I know you want to keep your personal business to yourself and your family, but please continue to push this and make sure the tech/whatever is held accountable. You should not let her make you her victim, keep your confidence and do not be afraid. You need to be proud of how you have conducted yourself. As for misspelling sorority, many of us make spelling mistakes, especially if we are emotional about something. By the way, unfortunatly, not every one puts the privacy screen up when they step away from a computer at work (but they should be more diligent,) so this tech could have looked up your medical record under someone else's name.

I think there is a poster on here that is made at the world. Sorry for the misspelling of words. I'm sure to some of you it seems weird that this girl has a job in the hospital with all these protective orders against her but she does indeed work in ICU as a telemetry tech. My friends mom said that doctor's are notorious for not signing off a computer so it would be very easy for her to get on the computer they just used to look up someones medical records. The hospital and Hipaa are doing an investigation on her right now. When the police went to serve the protection order on her she had put down a fake address. They called Friday and said that is a big no-no. They were going to serve her at the hospital but she can't be within 60 feet of the hosptial grounds until the investigation is over. My friends mom who is a nurse talked to one of the nurses in ICU that she is friends with and she told her this wasn't the first time this girl was in trouble for just this same thing. Why does she still have a job there? Because her mom is nurse there also. Anyway, I just want it to be over so I can get on with my life. Even though I am doing so much better I still have periods of depression. My support person just tells me to let the law do there work and she will be stopped. I pray it does. Thank you for the support. Other than one critical person on here all the rest of you have been so supportive. God bless all of you. I'm sure you are such kind and caring nurses.

Just an update on my situation. I met with my attorney today and he wants to file a assault and battery charge against her. At first I didn't want to because I know that my hospitalization will come out and I have never wanted anyone to know. My parents talked to me for a long time as well as did my sister that is a dentist and I think I finally believe them that I have nothing to be ashamed of. They said after the anaphylactic shock that it wasn't surprising that I became depressed. It was an awful thing to happen to someone and any one would have been very scared. I guess I am ready to fight for my rights and I know it was my right to not have my medical information repeated by an hospital employee. The sheriff tried to deliver the restraining order again today but she gave another fake address. I asked what they do now and they said they will continue to try and serve her. My lawyer has some good advice so hopefully this whole thing can be resolved. I let my mom and sister read these messages and they thank you for being so kind and helpful. That is everyone but one person. My mom says don't worry about people like her because if she thinks this isn't wrong then she is the same type of person as the girl who is doing this to me. My sister says just ignore the mean poster and listen to the ones giving me good and kind advice so that is what I am going to do. There are enough mean people in this world and I will jump on the band wagon with all the other great nurses. I may just decide to be a nurse myself someday. Thanks.

I just read the post for the first time today. I have been harassed in the past and I just hope everything works out well for you, and maybe karma will do its work...

Keep supportive people around you. The more the better. If you (or anyone) is lacking in supportive people, it is places like this website you will be sure to find some. You just have to skip over the few posts of those who are not supportive... ;)

Specializes in Telemetry & Obs.

Babynurselsa, I'll go halves with ya on that pole :cool:

Specializes in ER, NICU, NSY and some other stuff.

:icon_hug: Thanks Truern. I hate to be cynical, but at times.........

I think one of the things that was confusing in the OP's first post was the use of pronouns. When "she" was used, I had to go back and decipher who "she" was really talking about, the assaulter or the assaultee. Just made it confusing to read. I had to read it two or three times from different perspectives to get it all to make sense.

I am glad, though, that this is getting sorted out and that you are filing charges. This girl sounds like a sociopath.

I think you are brave to take this on and fight for your rights. This girl sounds very dangerous and needs to be stopped and you may be saving countless others from a similar situation in the future.

Considering she isn't a nurse and restraining and protective orders are not charges, it is very likely she may have had some at hire and also could have accrued all since her hire. Unless someone does a check with the local courts by name, a criminal record check would not turn this stuff up.

I think that as a witness to the first assault that night, she may also be charged with witness tampering which is another huge offense in itself. It would depend on the circunstances but it sounds like she has vengengance for you making that 911 call. I would reconsider being a witness- Why should you let her get away with that senseless attack?

She knows her stuff- by avioding getting served, she knows that she can not be charged with breaking the order. You see, the order is not in effect until she is served so be very VERY careful until service occurs. I would remain vigilant afterwards as well.

You are doing everything right. Don't worry about the ones on here who are negative- many people have trouble understanding things until they actually face them and think there is no way it can be true. Well I know truth is stranger than fiction!

Hang in there, things will cool down eventually and you will feel better for doing the right thing eventually even if it does not seem so now.

Is the school aware of all this?

i'm surprised that girl still works in the hospital. nurse or not, she doesn't have the authority to look into other patient's info or talk about it outside of work. one nursing assistant who was found looking into a patient's chart for her medical record number because she just drew lab on this patient got fired immediately for violation of HIPAA law. what she should have done is ask the primary nurse of that patient's med. rec. no.

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