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Discussion

hipaa accusation

I am an agency nurse. A hospital where I worked several months ago audited their computerized documentation system and found unauthorized patient access under my user ID. The agency called me this week and terminated me. I was also informed that I was "do not return" for the client hospital. I didn't do this. All I can think of is that I left my computer unattended, which is an error, but I didn't violate HIPAA. I don't know if I have any recourse in this situation or not.

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    • Featured Replies

    But how can you prove otherwise? Where you on shift those particular day or days? If so, can they narrow it down on time?

    I'm certainly no expert, but maybe hiring an attorney to get your job back or to keep your license intact might be a good idea.

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    Nothing you can do except learn never to walk away while still logged on.

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    Did your agency discuss this with you? Or just terminate you based on a COMPUTER issue?

    I would @ least make my agency discuss the issue with me, go to the correct area to...

    FACE YOUR ACCUSER!!!

    Sure, you didn't log off, some a - hole got on ..

    Fight this!!!

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    That is scary. How can they prove it was unauthorized?? Sometimes a coworker will ask to me look up a patient for them for insurance info or medical history, etc. What if it was something like that? I don''t see how they can PROVE it was unauthorized at all!

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    That is scary. How can they prove it was unauthorized?? Sometimes a coworker will ask to me look up a patient for them for insurance info or medical history, etc. What if it was something like that? I don''t see how they can PROVE it was unauthorized at all!

    I was taught you don't pull up a pt's chart that you don't need to see. a coworker asking you is not a good enough reason, seeing pt's charts are need to know, you could log off and give your comp to them but as a student I have been taught not to do this. is it really that different in the real world (because I know it sometimes is)

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    • Experts

    The big problem here is that the auditors see the OP accessing the files. And since every facility's HIPAA training drills into their employee's heads at orientation to never share passwords and to secure/log out of their computer before leaving it, they're going to assume that it was indeed the OP accessing the files. They have no way of knowing it was someone else unless they witnessed it themselves. In all honesty, you can't blame them for thinking that way.

    OP: I don't know how far you will get in getting this job back, but definitely get a lawyer to help you with any BON issues. And I'm sure that after this experience, you will never forget to log out again.

    Best of luck.

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    • Experts
    That is scary. How can they prove it was unauthorized?? Sometimes a coworker will ask to me look up a patient for them for insurance info or medical history, etc. What if it was something like that? I don''t see how they can PROVE it was unauthorized at all!

    They can compare the records accessed to which patients the OP was assigned to and what units the OP was working. They can also see how frequently these records were accessed and exactly what in the record was accessed. Most places realize that accidental accesses happen but expect that if someone has accidentally accessed a record they shouldn't have, they should have closed out of it ASAP.

    As far as looking up info for other coworkers...unless you were assigned to that patient, you'd still be violating HIPAA by looking up information for coworkers. They may need to know that info but if it's not your patient, YOU don't.

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    There won't be any BON issues.

    What we need to realize is that the fines for HIPAA violations can be staggering and the facility must say, "See? NO TOLERANCE!" Even if it was innocent - i.e., you walked away while still logged on - you violated a policy for which I am certain you signed a form saying you understood it.

    You have no recourse.

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