HIPAA dilemna continues

[925_ER_RN]

To all of those who read and commented on my "Can a nurse review previous charts w/o violating HIPPA?" question, I would like to thank you and update you on what has since transpired.

Apparently, my hospital was not able to substantiate any HIPPA violations, so not I am being terminated on the grounds of undocumented medications. If you'll recall, the initial reason that I reviewd charts from past patients was because I had been having problems with our scanning equipment where I would scan meds, it appeared all was fine and then "poof", it was as if the transaction never happened and all of my scanning activity simply disappeared. I reported this to several managers both verbally and in writing and was always dismissed w/o any investigation into the matter.

I was then asked to account for a handful of medications that had not been charted as given and/or wasted which led me to review those charts to try to determine if it was human or technology related errors.

I had been told that I was the ONLY one having this problem until my union rep witnessed a nurse that she was orienting have the same event happen and she promptly reported it to management.

Now I'm being told that management believes that this other incident was of human error and therefore not similar to the issues I had encountered and since there was no way to prove that these were technology based errors that I have provided poor documentation and/or have unaccounted for meds.

To make matters worse, my union rep was told that if I quit, they won't have to turn me into the BRN. Is it just me, or does that sound like a threat? I'm not even sure what they would turn me in for, but as i've already discovered, one can be reported to the BRN for virtually anything with no real proof.

Needless to say I am trying to obtain an attorney. In the meantime, any words of wisdom?

[siringe]

Keep any letters and documentation you have pertaining to this matter. It's too bad you don't have recorded conversations from when you were told everything was in the clear. It's good that you are looking for a lawyer. Also consider looking for a new job before you quit. If you can get references from peers that probably be a good idea versus management who may be a part of your potential litigation. If they are stating that they will not have to turn you into the BRN, get certified or legitimate documentation for that because they could turn around and do the opposite of what they said they'd do. Best wishes. Don't give up.

[RuRnurse?]

""Can a nurse review previous charts w/o violating HIPPA?""

I missed that post, sorry. But are you kidding!? How does looking at a patients records violate HIPPA, unless you use that info for nefarious purposes? I ALWAYS look at a resident's long-term chart, to get as much info on them as possible. If I am caring for them, and considered LEGALLY RESPONSIBLE for them, than I want to know ALL the info available. That info is in the chart/records, so that is where I will look. I will never share that info with anyone else, or discuss it, but I need to have it if I'm caring for that person.

[southernbeegirl, BSN, RN]

they are obligated to notify the board if they think they have any type of drug discrepancy. with them saying they wont report you if you quit...sounds like you could use that.

[PICNICRN, BSN, RN]

Exactly as the above poster said!! They, as your employer ,would be required to report this if they actually think you are diverting. Obviously, they do not and cannot prove it.... they are bluffing you so that you will resign. Sounds like you are being totally railroaded! I'm so glad you have searched leagal councel. I'm sorry you have to go through this crap! Shameful of them!

Please keep us posted!

[roser13, ASN, RN]

I'm fighting an uphill battle, but please...it's HIPAA, not HIPPA.

[dscrn]

WHERE IS YOUR UNION REP IN ALL THIS?? You are being railroaded. Just to be on the safe side, don't let the union recommend a lawyer-not saying this is your case, but hospitals can be very politically connected0you DON'T want a lawyer who has represented the hosital in the past!

[925_ER_RN]

I'm fighting an uphill battle, but please...it's HIPAA, not HIPPA.

Thanks....I think at this point it's probably a Freudian slip.....HIPPA, HIPPO...this big, dark, strong force that's constantly threatening to charge ALL of us who deal with patients. Nontheless, thanks for the catch.

[roser13, ASN, RN]

Personally, I believe that HIPAA is used by institutions to progress their own agendas and to strike fear into the hearts of employees. Let's face it, HIPAA is so large and so open to interpretation that a new breed of consultant has been born and must be supported - the HIPAA Consultant. The HIPAA Department. Vice President of HIPAA Compliance. And so on.

I myself have been threatened with termination based upon a supposed HIPAA violation. After producing US-government docoumentation that my "error" was not in violation of HIPAA, my termination threat was removed, with a warning that any future 'violation' would of course result in termination.

The bottom line for me is that institutions write their own agendas regarding HIPAA compliance. And us average joe's don't have the time or inclination to investigate. So we must toe the institutional line, as they are the 'experts.' And the 'experts' must continue to find violations to defend their positions and salaries.