HIPAA violation, or just creepy?

Nurses HIPAA

Updated:   Published

Specializes in Addiction Treatment/Geriatrics/MedSurg/Hospice.

I work in a small facility that helps substance abusers recover.  I am the only medical person on staff. The rest are RA's, part time chef and a few managers (non-medical). I have a medical area away from the resident's rooms, dining and rec area.  The medical area consists of my desk and files, records room, exam/med room and a room I use for labs.  There are video cameras in the facility, naturally. We do not want residents to divert meds. I have no issues with the camera in the med room. I have no issues with cameras in the attic space, hallway, kitchen and other "public" areas.

However, there are two cameras in my office, one faces my computer, the other faces the copy machine. I know for a fact that the owner watches me my entire shift. The owner also listens in on my phone calls and remotes in to my work computer.

Yesterday the owner (non-medical person) watched me all day. He would call one of the managers several times yelling at him for things that were occurring. What was occurring? Patients were in the medical area, discussing medical things with me. Or getting meds. Or receiving wound care. Or advice about Vivitrol.  It was a full day of questions. The owner made the manager talk to the patients and tell them they could no longer come inside my door.

Today during med pass, the patients were getting morning meds. I have several diabetics at the moment, and they had to come in and check glucose levels and administer their own insulin.  We can not let abusers loose with needles, that would be irresponsible, so I watch them administer and discard.

The owner called the manager and yelled at him for allowing residents in the medical area again. The owner had been watching me all day. And didn't like that I wasn't wearing a mask when no one else was around.

When I do exams or injections, I have to take the patient into the only non camera-ED room for their own privacy and it's nasty. I'm talking unconnected previously used toilet in the corner, old clothes piled in corners, someone keeps placing clothes and general garbage in my red bags...If I put any more signs up, the room is going to be wallpapered with messages of PLEASE DO NOT.

Anyway, I got to thinking...I discuss patient matters in a room with two cameras.  Private, sometimes embarrassing for the patient matters. The owner has no medical experience, yet the owner listens in pretty much all day.  I will admit I find it creepy knowing the owner is sitting at home, just watching me be a nurse and restricting my ability to be a nurse. I don't know how the owner expects me to do med pass, injections, admissions, discharges, exams, etc., without having the patients come into my medical area.

Am I overreacting for being upset, creeped out and wondering if HIPAA is being violated?

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Whether or not this is technically a HIPAA matter depends upon whether or not your employer's business qualifies as a "covered entity."

https://www.cms.gov/Regulations-and-Guidance/Administrative-Simplification/HIPAA-ACA/AreYouaCoveredEntity

However, it certainly doesn't seem like the right way to treat people overall. I wouldn't feel comfortable with it, either.

 

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Specializes in Addiction Treatment/Geriatrics/MedSurg/Hospice.

Well, soon it won’t matter. He’s going to prison for 20 years due to Medicare and Medicaid fraud. 
Double charged and got himself a cool $3 million in his personal bank acct. ?

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Yikes. Not a HIPAA violation technically but super creepy. Has he spoken to you directly about his expectations of your work flow and why he is doing this? Does he do this to other employees?

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Specializes in Addiction Treatment/Geriatrics/MedSurg/Hospice.

No and no. He sends word through a resident advisor for the patients...

 

I have never spoken to him before. Apparently won’t after next week as he is going to federal prison for 30 yrs now. Several wire fraud charges with Medicare. 

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Problem solved then I guess?

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Specializes in LTC, Medical, Telemetry.

The answer is, like most HIPAA answers.... it's complicated.

There are a lot of factors that play into it. Is there audio transmitted as well? Is the recording stored, or is it just visible from another location? Who is watching the camera?

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Specializes in Physiology, CM, consulting, nsg edu, LNC, COB.

I have to wonder how much of what he was observing (especially your computer screen) turned into fodder for his fraud. Hmmm.

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