Hipaa Violation Advice

ohmeowzer RN, RN · Jul 2, 2008

how did they find out she did that? i am not sure about loosing her license but she may have a big fine for her and the hospital.

LTCRNJILL · Jul 2, 2008

Th ex contacted the hospital r/t argument they had in which she asked him about medical issue that she would have only known from records, the ex now feels horrible but the damage is done

ohmeowzer RN, RN · Jul 3, 2008

Th ex contacted the hospital r/t argument they had in which she asked him about medical issue that she would have only known from records, the ex now feels horrible but the damage is done

oh i fgured it had to be something like that.. i hope it works out for her... please keep us posted

Irish Nurse 89 · Jul 3, 2008

I'm not 100% certain, but I believe this would only be an internal issue and shouldn't reflect on her nursing license. I hope everything turns out OK for her....

locolorenzo22, BSN, RN · Jul 3, 2008

although it may not be a violation of state practice act...it IS a violation of federal law. May be reflected in a criminal record if criminal charges are filed....

(from a HIPPA agency site)

-HIPAA allows both civil and criminal penalties, including fines and possible time in jail.

-The Office of Civil Rights of the Department of Health and Human Services enforces civil violations, and the Department of Justice enforces criminal violations of the HIPAA Standards.

- Civil penalties are usually monetary fines. HIPAA allows fines of up to $100 for each violation of the law, to a limit of $25,000 per year for violations of the same requirement.

- Criminal sanctions for knowing misuse or disclosures of PHI carry fines of $50,000 to $250,000 and one to ten years imprisonment.

So, really, we cannot give legal advice....but I hope your friend learned a VALUABLE lesson from this. Hopefully she won't do anything else that could possibly impact her license.

meownsmile, BSN, RN · Jul 3, 2008

She most likely will not hear anything from the BON unless the Ex decides he wants to press the issue. If that is the case and he brings suit, both the hospital and the nurse can get large fines. Ive seen this happen in my area at least on one occasion.

mpccrn, BSN, RN · Jul 3, 2008

we're not even allowed to look up our OWN medical reports. she best hope her ex is in a good mood and doesn't push the point or as you saw above, it's BIG trouble. i feel sorry for her. she might be paying big time for a one time mistake. :crying2:

LTCRNJILL · Jan 1, 2009

Hello All, Happy New Year,

I have been meaning to update you on my friends situation, she did not get in trouble by the BON, however she is not working as a RN anymore because she is too embarassed to write that she was terminated on a application. Unfortunately she has only worked at this one hospital for 4 years and due to the termination- refuses to list it. Very sad, I have talked to HR at my hospital and they said that she does not have to be specific about reason for termination- but she still refuses.

Hopefully the new year will change her mind, thanks for all the help.

Jill

caliotter3 · Jan 1, 2009

I also hope she has a change of heart. It might take some time, but many persons get jobs after having been fired. She is more likely to run into resistance concerning the fact that she is pursuing and engaging in work that is not nursing. Encourage her to go back to seeking nursing jobs. She owes herself that chance.

pagandeva2000, LPN · Jan 1, 2009

I am trying to figure out what made her look into her ex-husband's file to begin with (and to even tell him about it!)...is there some litigation on the table that made her feel that she should inquire? In any event, I would try and talk her into searching for another job and also reminding her of a very important lesson. Wishing her luck for the new year.