I've been violated, doI have a case?

  1. If you know that your medical information was talked about with an outside party by a coworker nurse and HIPPA was violated, who do you report to first, employer or SB of nursing and is there a time frame?
  2. Visit Cpayne77 profile page

    About Cpayne77

    Joined: Dec '16; Posts: 1

    7 Comments

  3. by   Rose_Queen
    Information about reporting HIPAA violations: Filing a HIPAA Complaint | HHS.gov
  4. by   CrunchRN
    Honestly? I would just let it go. Bygones.
  5. by   Meriwhen
    Use the link Rose Queen provided to file a claim with the Department of Health and Human Services. They will investigate and take it from there. If you wanted, you could also contact Patient Advocate of the facility and file a complaint with them as well. Generally, the sooner you report something, the better.

    However, don't expect HHS/the facility to rely solely on your say-so. They will conduct their own investigation, and there's always a chance they may not find enough evidence to confirm a violation. But you have nothing to lose by trying.

    Best of luck.
  6. by   RiskManager
    Speaking as the risk manager/compliance officer/privacy officer to whom these things are reported to, I would argue for reporting it internally to the facility risk/compliance/privacy person. I can tell you from professional experience that to report a single violation involving a single person involving a co-worker, the Feds are not going to do anything. They have way too much on their plate for a situation such as this, which they would generally characterize as low priority.
  7. by   morte
    is this info that the coworker gained from caring for you, or info that you willing shared with them?
  8. by   llg
    Quote from morte
    is this info that the coworker gained from caring for you, or info that you willing shared with them?
    That was the question in my mind. If the coworker did not take care of you (or enter your medical record inappropriately) ... and learned the information about you because you told her or she overheard you talking or something ... then it is not a HIPAA violation. It's just gossip -- and that is not illegal. It's only a crime if they had the information because they were your caregiver or if they accessed your records illegally.
  9. by   Buyer beware
    Quote from CrunchRN
    Honestly? I would just let it go. Bygones.
    Probably the best approach would be to discuss your displeasure with the person who you feel has put your
    s**t out there.
    HIPAA's intent was originally designed to protect patients with what years ago was solely referred to as "AIDS" among some other things.
    Today it has been degraded to a stealth means to attempt to nail someone you don't like against the wall.
    Back then AIDS was little understood and virtually untreatable. But humans being what they are would use this information against individuals to facilitate their losing their jobs and rendering them even more of a pariah than just being someone who was sick.
    So organizations such as "Act Up" advocated for laws and the protection of those so aggrieved by the splaying of their medical history willy- nilly so as to not permit bad people to "add insult to injury."
    As this present situation pertains to you, HIPAA was never meant to be relied upon as a as a tool to eliminate and punish personal enemies but more as a means to obtain social justice for those too helpless and infirmed to help themselves.
    So help yourself and tell blabby how you feel.
    Last edit by Buyer beware on Jan 4, '17 : Reason: w

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