HIPAA

[BHNative]

Hello one and all,

I have a question that I need help with. I have been working for my current employer for about 6 years. Just lately though, my boss has been targeting me with issues brought to him by a CRN that are lies about me. Most recently, I was called into the office and was told that I violated HIPAA due to accessing a chart of a patient that I was not assigned to. The way we work is that we have 8 patients on a pod with 2 nurses and 1 CNA. The other nurse I was working with has less than a 1 year of experience and had several questions about one of her patients. Blood pressures dropping, C-collar, and up coming surgery and then post op showing her how to read the surgery report. On several occasions I actually entered the room of this patient to help with medications or turning. I feel that I am being harassed and punished for mentoring a new nurse. Does anyone have any ideas or suggestions? Remember that when the other nurse goes on break or leaves the pod, I would assume responsibility for all 8 patients. Please give me feedback or if you have heard about this happening to someone else.

Thanks

[HouTx, BSN, MSN, EdD]

In the scenario you have provided, there is no HIPAA violation because you are involved in the care of those patients by virtue of providing support/backup for their primary nurse. The charge is absurd. My advice? Follow your organization's policy to file a grievance for harassment.

[jadelpn, LPN, EMT-B]

And if spoken to, I would throw the question back "If a new nurse is requiring questions to be answered regarding her patients, and/or I am responsible for all 8 patients when others are on break, is what you are telling me is that by accessing the chart I am going against policy?" "Then how do you suggest I care for these patients?" or even "may I see what the policy is that you are referring to?"

Risk management also comes to mind--because if you are responsible for patients that you are getting reprimanded for accessing the charts to do so, this is a HUGE process issue that needs to be clarified.

You could also say to new nurse "Show me the orders" or "show me what you are talking about" as in you are looking at the chart she has accessed. Or even, "I don't mean to be unhelpful, but you need to go to the charge nurse with the questions. Then we can talk if you don't understand, I'd be happy to help clarify".

Sounds like a hot mess. But cover and protect yourself.

[KRVRN, BSN, RN]

When the other nurse goes on break and reports off to you, you are responsible for the pt and rightfully have access to the chart. Or if you perform a task for or give a med to another nurse's pt, you need to access the chart to chart what you did.