Jump to content

HIPAA scapegoat

HIPAA   (715 Views 16 Comments)
by inthealpine inthealpine (New Member) New Member Nurse

32 Visitors; 5 Posts

advertisement

You are reading page 2 of HIPAA scapegoat. If you want to start from the beginning Go to First Page.

Jory has 10 years experience as a MSN, APRN, CNM.

1 Follower; 11,556 Visitors; 1,250 Posts

13 hours ago, FolksBtrippin said:

Jory, I think you are missing that when an employee violates HIPAA the employer is also responsible. 

This is what I learned.

If I am wrong on this, someone correct me, but I am pretty sure employers are responsible in some way for an employee's hipaa violation. That's why they spend all that time and money educating. It's also why they discipline employees who violate.

 

They are responsible for maintaining their own policies, but no...employers don't get sued/sanctioned because one employee made the choice to go rogue.  I have never, ever seen a case where risk management sent a notification to a family because one nurse accessed a few files she wasn't supposed to. 

Share this post


Link to post
Share on other sites

Jory has 10 years experience as a MSN, APRN, CNM.

1 Follower; 11,556 Visitors; 1,250 Posts

15 hours ago, inthealpine said:

You are 100% a 'company person'.  The first sentence of the first post you accused my wife of lying.

You defended the hospital blindly in ways even they don't have the audacity to do.

You now say 'dont stir the pot' as though keeping your mouth shut takes priority over Pt care and the truth.

This was not idol curiosity, it was observation of 3 years of common practice on multiple units and RNs doing what they thought was best for patient care.  I'm so glad my wife already found a new job because those RNs left on those units are petrified of doing their jobs because of 'company persons' second guessing every minute they are on the clocked in.

 

...to those reading and interested, my wife's now ex manager is going to the head of HR to protest.  Fingers crossed this all ends soon.

Again...some people have to learn the hard way.  You are so out of touch with what HIPAA actually constitutes...it's not even worth discussing. Get a healthcare license..then you'll understand.

Good luck.  

Share this post


Link to post
Share on other sites

Rose_Queen is a BSN, MSN, RN and specializes in OR, education.

4 Followers; 4 Articles; 102,977 Visitors; 8,658 Posts

Working on another floor is only part of the issue. The opening of another unit’s patient list in and of itself is enough of a violation. I can’t decide I just want to randomly take a look at the patients listed in ICU when I don’t work there just because one of them might need to come to the OR. Continuing to press the issue would not be wise. 

Share this post


Link to post
Share on other sites

Jory has 10 years experience as a MSN, APRN, CNM.

1 Follower; 11,556 Visitors; 1,250 Posts

HIPAA regulations are based on "need to know". If you don't need to know anything about that patient, right now, you don't need access to their chart.  

Telemetry nurses work as a team and they need access to any patient chart that is currently receiving telemetry.  They cannot, however, look up patient charts that are not on telemetry...HAVING ACCESS is not the same as having the right to look.

Case Managers usually have the capability of pulling up every chart of every patient in the entire hospital.  They can only access the patient charts on their assigned floor for the day and any patients they are helping with if another case manager is running behind--it doesn't give them the right to see how Joe Cool is doing on another floor.  

OR, ICU, or any other floor is notified when a patient is being transferred from the ER or from another floor. Until that happens you don't have the right to access that chart. 

Some RNs in some hospitals, also have the capability, of pulling up every patient in the hospital because any day they come in they may get pulled to work in other floors.  It doesn't mean if they are working in ICU or PCU they can constantly pull up the ER holds/admissions to see who may be coming up.  If the patient comes up, then you "need to know" about that patient, but until you have received that patient, what is going on in the ER, is frankly, none of anyone's business.

The House Supervisors have access to the full ER and the entire hospital because they are responsible for patient/staffing flow.  They need time to call in staff, etc.  

You are confusing "having access" to actually "pulling up" charts.  These are not the same thing.  HIPAA requires you have access to only the patient care areas where you MIGHT work, but HIPAA and professional standards also place a degree of trust in every healthcare professional to use HIPAA appropriately and not access charts for patients where they are not assigned or assisting another healthcare professional.

 

Share this post


Link to post
Share on other sites
×