HIPAA

SoldierNurse22, BSN, RN · Feb 13, 2014

Most facilities have forms that are specific to the facility that need to be filled out in order to allow access to medical records.

Texts are easy to fake and could be sent by anyone. Without actually having looked at your hospital's policies, there's a good chance HR is correct.

angbillville · Feb 13, 2014

Thank you for your response... I referred to my employee handbook and it states, "It is essential that we keep information about patients and employees absolutely confidential. Such information may only be shared with others at (my facility) on a "need-to-know" basis to enable them to effectively carry out their responsibilities. Unauthorized access or release of private or confidential (i.e. patient, employee or company) information may result in disciplinary action including termination of employment."

SoldierNurse22, BSN, RN · Feb 13, 2014

Also, thank you for spelling "HIPAA" correctly. Seriously. You kinda made my day.

SoldierNurse22, BSN, RN · Feb 13, 2014

Thank you for your response... I referred to my employee handbook and it states, "It is essential that we keep information about patients and employees absolutely confidential. Such information may only be shared with others at (my facility) on a "need-to-know" basis to enable them to effectively carry out their responsibilities. Unauthorized access or release of private or confidential (i.e. patient, employee or company) information may result in disciplinary action including termination of employment."

Right. That's pretty standard. Somewhere in your company's policy, there is an official process for obtaining one's personal health records. There, it will spell out the process to obtain access to those records either oneself or by proxy (through your friend, for instance).

Talk to the folks in medical records. They surely can tell you the process and probably the policy supporting it.

IrishIzCPNP, MSN, RN, APRN, NP · Feb 13, 2014

My former employer didn't allow employees to access their own records. They certainly would not allow this and would fire her over it. It's all about what the policy is. If I access my records...fired.

Jolie, BSN · Feb 13, 2014

I believe there are 2 separate issues to consider here: 1. A probable HIPAA violation, and 2. The unauthorized release of test results.

You may be able to convince HR that you asked and gave permission to your friend to look up your record, but it is still a HIPAA violation that she did so, because she had no need for that information.

Also, most institutions have policies regarding who may release test results and diagnoses to patients. Since she was not involved in your care or authorized by your physician, she most likely violated that policy also.

I'm sorry for your circumstances, but your unwillingness to wait for your doctor's office to speak with you has put your friend in a very bad place.

Krzysztof · Feb 13, 2014

Also, thank you for spelling "HIPAA" correctly. Seriously. You kinda made my day.

Hear, hear! :up:

nurseprnRN, BSN, RN · Feb 13, 2014

Hear, hear!

And you have made mine by not writing, "Here, here!" :up:

Here.I.Stand, BSN, RN · Feb 15, 2014

My hospital (which is connected to a clinic system) does not allow employees to access our own EHR. We were advised during our EHR training day that we could be terminated for doing so; we either have to sign up for "My Chart" which allows us to see test results but not things like provider notes, or we have to follow the official protocol for requesting our records--the same as any other pt does.

If you hospital has a similar policy, it sounds like you weren't authorized to give this type of permission to your friend. Your friend also should have known better.

I do hope that everything works out for both of you, and of course hope your back is ok!

angbillville · Feb 19, 2014

We are allowed to access our own medical records. Our policy states..."(Hospital) has decided to permit employees who have electronic access to access their own information electronically -- as long as it does not interfere with their work duties. This does not permit employees to access the records of family members electronically, even if they have the right to the person's protected health information. In such instances, employees must provide an authorization to HIMS (Health Information Management Services) and will be provided with the minimum necessary information for the purpose".

elkpark · Feb 19, 2014

We are allowed to access our own medical records. Our policy states..."(Hospital) has decided to permit employees who have electronic access to access their own information electronically -- as long as it does not interfere with their work duties. This does not permit employees to access the records of family members electronically, even if they have the right to the person's protected health information. In such instances, employees must provide an authorization to HIMS (Health Information Management Services) and will be provided with the minimum necessary information for the purpose".

This policy kind of answers your question for you -- if your coworker would not even be allowed to access the records of a family member for whom s/he had the right to PHI without going through HIMS and filling out the typical required forms, s/he is certainly not allowed to access the records of a coworker, even with permission from that coworker.