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.
Can you ask like the HIM director about your illegally accessed records and proceed from there? I admit that I don't know the inner workings of the hospital system, but my understanding is that HIM keeps tight tabs on who accesses records and why (in my job especially working remotely).
I am stunned and saddened by this that someone would do this to another person.
Seen this kind of thing before. As long as no one pushes the issue it will keep on happening. File the complaint, burn their sorry a$$es, find another job before they create a reason to get rid of you. Find out if other employees had this happen to them. I very seriously doubt yours are the first records they have snooped. A group complaint gets more attention from the feds than one ticked off employee.
The system tracks who accesses medical records. All they have to do is look and it will give a reading of who was in it and when. This is how they catch people who peek into celeb files. If the OP files an official complaint this is an easy thing to verify. I'd go to the HIPAA Compliance Officer. Anyone who entered the file who had no right to do so violated HIPAA and should be fired.
Another thing that the OP needs to keep in mind...that if a hospital really wants to get rid of you, they can....legally.
That is why you have to tread lightly and be very careful about being vocal about "your rights" or "you can't do this" or "you can't do that" while you are at work.
You need to have the persona that, "I just want to make sure that my medical records are kept private in the future."
The hospital, probably AGREES with you because this nurse may have looked up information on you, but how do they know that she hasn't looked at the information of senior management as well?
They don't...this is where the hospital will be ON YOUR SIDE unless you give them a reason not to.
Specializes in Geriatric, ortho, neuro and bariatric.
This is the only hospital in my town and my Dr. does have privileges. I used the hospitals lab as that is where my Dr. sends me for all my workups. I don't know what to do about this. If they did this to me I wonder how many other staff members they have done this to. I have 22 years worth of medical records in this hospital they they could have looked at. Should I go to the CEO of the hospital? How do I handle this to make sure it does not happen again without losing my job?
Totally out of line. It's not even remotely in question that your privacy was invaded. HIPAA guidelines were broken. We would be fired on the spot had we done this and rightfully so.
You should document this in writing ASAP. If you want to sue you should call a lawyer and let them advise you. If you want to handle this within the company you should file an official complaint with the CEO, HR, the Legal Dept, Risk Management, the head of nursing, etc. Be firm in what you wish to see happen here...additional training, suspension, firing, etc.
Your computer system should be able to record who was in and out of your medical file. This is how they often catch those going through celeb files so chances are whoever did it is caught red handed and it might go behyond 1 or 2 people doing it. They will be mad but I wouldn't give a flying fig. HOW DARE THEY DO THIS. And they do know better. They were nosy and showed a blatant disregard for your privacy. I'd be LIVID.
I am in full agreement with this poster! I've been in management for along tme and in no way would I access one of my staff's medical records without his/her specific written consent! Just because they are your boss doesnt mean they have this right. It is a significant violation of HIPPA and I wouldnt stand for it. If it was one of my staff or charge nurses who did this they would be terminated on the spot! Also if the supervisor instructed this charge nurse to do so then he/she is also in violation! The only thing you are required to give them is a statement from your MD you had such and such done as requested and are able to return to work. That's it, it doesnt give them free reign to access your medical records. I would be having a fit!!!!
Specializes in Geriatric, ortho, neuro and bariatric.
Thank you all for the great advice and support. I have contacted my risk management inside the hospital. She said she is going to look into this and speak with her boss and get back to me later today or Monday. I explained my fear of being fired and was told if I were to get fired after this was reported then the person firing me could get into trouble also. I also have called 2-3 cival rights attorneys. I have one appt. on Monday to speak with one and see what they say. I have started a log of all dates, times and person involved with each and every step since this started. I have a feeling I am going to be jobless here soon in the future because I know there are some toes I am stepping on. But I have to stand up for ALL of us. We gat crapped on all the time in this career, by patients, family members, coworkers, etc.. If I have to end up homeless and without a paycheck to put a stop to managers thinking they can do whatever they want to us then homeless in FL. is what I will be, gazing at the stars in the sky knowing what I did was for the best. Too many people put up with this because of fear of losing work. Well I am not scared . Thanks again!
Sorry if this is worded funny I have been up since 4pm yesterday and worked all night, but I am in good spirits.
Specializes in Geriatric, ortho, neuro and bariatric.
Update. Don't bother with risk management. All they did was say sorry for the unfortunate situation but all they could do is have a talk with my boss and the charge nurse and ask them to not reveal what was in my chart. Risk management even talked with the CEO and that was their only resolution. So sorry, too bad.
I filed a complaint with Global compliance. My next step is OCR. Filing out the form over this weekend. I can not believe this. If it was me I would have been fired on the spot. )*(&^^&$%^%#$) We have no rights as nurses. It is always about the facility. I am just a pee on. replacable. I hate this, crying...
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. Thanks again!
)*(&^^&$%^%#$) We have no rights as nurses. It is always about the facility. I am just a pee on. replacable. I hate this, crying...
Baloney Amputation, BSN, LPN, RN
1,130 Posts
Can you ask like the HIM director about your illegally accessed records and proceed from there? I admit that I don't know the inner workings of the hospital system, but my understanding is that HIM keeps tight tabs on who accesses records and why (in my job especially working remotely).
I am stunned and saddened by this that someone would do this to another person.