Hipaa violation

[nurse2097482]

Last Tuesday I was controlling(circulating) an OR case. Not realized I controlled the entire case until the scrub techs log in. We alternate every case. 2 coworkers charts were accessed during my time doing the case. I am being investigated. I have in the past accessed my own chart. During the case I did not access anything out of the ordinary. The computer we use is in a common area where people come in and out continuously. No cameras. I did however look at my mother in laws chart bc her bday was coming up and couldn't remember when. Now HR sent the time stamps of when the co workers charts were accessed. I told them I didn't do it. The scrub tech didn't and is off the hook bc he was documented as in the case at the times. My fear is termination. They cannot fully prove who looked at the charts and they haven't brought up my mother in laws chart being opened during that case. I know I was stupid and I'm distraught over all this. I've been crying and lost 10lbs in 4 days. I cannot lose my job!

[inthecosmos, BSN, MSN, RN, APRN]

Accessing patient charts that you are not responsible for is a HIPAA violation. Regardless of what happens, this should be a lesson.

[Horseshoe, BSN, RN]

Accessing the MIL's chart is inexcusable.

[elkpark]

They don't have to "fully prove" who looked at the charts. It was under your log-in. I've been working in nursing since before electronic charting started, and have worked for a bunch of different employers with electronic records over the years. I know that it's easy to slip into bad habits that make you day easier, but every place I've ever worked has impressed upon us that we should never give anyone else our log-in info and should never allow anyone else to do anything in the computer under our log-in because we will automatically be held responsible for anything done in the electronic records under our log-in. I doubt your organization's policy is any different. As far as they are concerned, this is all on you.

And the mother-in-law thing is just completely inexcusable. What on earth were you thinking?

I hope things will work out and you won't get fired but, I'm sorry to say this, this is not a good situation for you to be in. If you do keep your job, I hope that you will change your "computer hygiene" practices at work and be more careful going forward. Best wishes!

[Penelope_Pitstop, BSN, RN]

I highly doubt that anyone will believe that you were in her chart to check her birthday. Whether or not that is why you did what you did, it's simply not believable.

Regardless, intent follows the bullet. It doesn't matter why you accessed a chart, it matters that you did it. Motive is not factored into this.

I hope you learn from this.

[hello33]

[

I have in the past accessed my own chart. During the case I did not access anything out of the ordinary. The computer we use is in a common area where people come in and out continuously. No cameras. I did however look at my mother in laws chart bc her bday was coming up and couldn't remember when. Now HR sent the time stamps of when the co workers charts were accessed. I told them I didn't do i

It does not matter your reasons for looking in those charts[/b],what matters is your hospital policy of which you should have been aware.There is zero tolerance for those violations.

Your "supervisor being aware" is not a valid excuse.

"there are no cameras" ,you really think they will tell you when they put cameras or ask your permission?These days assume,everything is on camera.

Then your lying about it and possibly someone else being to blame is wrong.

I hope you do not get fired.Best of luck to you.

You're absolutely right! I feel bad for the person that's being blamed right now...this is so unfair. You should own up to your mistake & let them know what happened. At the end of the day would you be ok if someone else did this same exact thing to you??!? Especially when you have no idea what was going on??!??

[Orca, ADN, ASN, RN]

We often use each other's log ins bc we switch back and forth so much on what we do. It's not uncommon in our area and the supervisor is aware.

This is explicitly against my agency's policies on computer usage, and my guess is that your employer has a similar policy. Convenience is not an excuse for not using one's own login.