I am employed at a hospital. I called off last week due to a nasal infection s/p a nose job 4 weeks ago. When I called off the charge nurse told me would have to have a H1N1 test done or else I would not be able to return to work for 7 days. I had no problem asking my Dr. to add the flu swab to my testing.
I went in the very next morning did my lab work and swab. I went and seen my Dr. at 4pm the same day for my results. My swab was negative but I did have an infection. So I went home and called my boss to let my charge nurse know that I would be out for 3 days. I went on to tell her that my swab was negative for the flu and she stated that she already knew and that my boss told her to look up my record to see if I had it done. She knew my test results without me even telling her. She also knew I had bacteria in my urine so she looked at other results beyond just my flu swab. I was not happy to say the least.
I went back to work after my 3 days and decided to talk with my boss regarding this. She said yes she told her and that she can look up my results herself at any time. I told her she has no rights to my medical records and now I do not feel safe at my own workplace. She said she would talk to my charge nurse. I feel like someone should have a talk with her too. I really am upset with this whole situation to say the least. They violated my privacy. Do I have rights as an employee?
My charge nurse should have been called in to the room and told in front of me that any disclosure of my medical records would be grounds for immediate termination. I have no knowledge how much of my medical history she seen. This is bad, bad, bad. Please give me input, advice. I am wrong for feeling like they had no right.
Honestly, I'd get the lawyer first, only because I'd be concerned to protect my job. I worry about everything, but depending on who violated your rights, they might want to fire you instead of the responsible parties. You know your facility best, and maybe they would handle it appropriately, but you may not want to take the chance.
Sorry about what happened to you. I'd be upset too.
Wow, that is grounds for immediate termination where I work; as it should be. Huge violation of your medical privacy. I would have been extremely upset.
I would file a complaint with your higher-ups. Good luck!!
Specializes in ER, OR, PACU, TELE, CATH LAB, OPEN HEART.
HUGE VIOLATION.
Whomever was in your file should be TERMINATED IMMEDIATELY.
Your medical information is CONFIDENTIAL, and only to be given to the Occupational Health Dept, who says yeah or nay you are able to work. Supervisor has NO need to know details of illness, infact, it is against the law. A good supervisor will not ask or seek details.
I had a prolonged illness a few years ago, every time I called to extend time off they kept asking for details. All I told them was I was not cleared by occupational health, and any problems should be addressed with them. Then they kept telling me I was letting my co-workers down, causing them to go without lunch or breaks and stay overtime. BULL, the law clearly states that an employees medical information is confidential. Unless, you are sent to an employee assistance program for "CAUSE". If u voluntarily seek assistance for drugs or alcohol, they have no access to employee assistance records either.
I know these things from being a manager, supervisor, and director. Learned early in graduate school management classes about these regulations.
GET THE TO AN ATTORNEY, contact the confidential corporate compliance office IMMEDIATELY. DO NOT LET this go unchecked.
Specializes in Vents, Telemetry, Home Care, Home infusion.
What happened to these persons EARS when HIPAA training occurred!
HIPAA violations need to be reported to your corporate compliance officer. Most healthcare facilities have a website with contact link to HIPAA corporate compliance officer or compliance hot line. Please report your concerns TODAY.
If no satisfaction, then report violations to Dept. Health & Human Services, Office Civil Rights (HHS, OCR): How To File a Complaint
Specializes in Mostly LTC, some acute and some ER,.
Uhh, yeah. . .
In late July I had a very personal health issue in the middle of a day shift. It was sudden and unexpected. Granted, it was only obvious that others present knew what was going on, and I did discuss what happened with a few people, things do spread like wildfire. Not gonna make an issue of it though. It's just one of those, "life happens" kind of deals, and my "work family" was actually a major comfort during that time.
Would I appricate people going through my medical record, and proding others for info . . . No, I would not.
I would report it to the CEO. You were a pt. at the time. They had no right to look up your medical records. What if you had a pregnancy test that was positive? They would know before your family. This is actually very disturbing. People get sued and/or lose their license for this kind of behavior.
You should have a HIPAA Compliace Officer. Try going to them. And just because Risk Management said they spoke to the CEO doesn't mean they did. They could be lying to cover their own butts and try to deter you from going to the CEO yourself. Make sure you reach out to the CEO personally ASAP. I would sue them if nothing was done.
Don't cry. You did nothing wrong. You are being strong and taking steps to protect yourself and others in the future. You are right. You are the victim. I'm very proud of you. Hugs.
I didn't think of it earlier, but your state healthcare licensing agency probably has state rules/regs related to client privacy, as well. You can also complain to them if you don't get satisfaction through the facility (the agency is called something different in every state, but it's usually a division of your state Department of Health and Human Services (or whatever that's called in your state :) ).
To the OP - I agree with the other posters on this subject, it seems like "the powers that be" were indeed out of line. Even if they did need to gain the information, they did access the information in the correct way. I would be very angry - not that they needed the info, but they way they got it.
Huge Violation. Sometimes it is the direct care workers that break HIPPA but other times it is management. Those managers/charge nurse need discipline up to and including termination. I would get a lawyer. They can't fire you for being a whistleblower then you would have a second suit on your hands.
Any HIPPA violations have to be reported even an accidental one such as faxing someones test results to the wrong number. Who you report it to depends on how many peoples medical records were breached. I think they get reported to some governmental agency, not sure the one.
Don't go to HR etc, they are just going to cover their butts.
ITA with the crowd that believes this is a violation. Results can only be released with YOUR permission. You are not the patient of your boss and she had no right accessing your records. Good luck and keep us posted on how its going.
catshowlady
393 Posts
You were violated, big time.
Honestly, I'd get the lawyer first, only because I'd be concerned to protect my job. I worry about everything, but depending on who violated your rights, they might want to fire you instead of the responsible parties. You know your facility best, and maybe they would handle it appropriately, but you may not want to take the chance.
Sorry about what happened to you. I'd be upset too.
:paw: