HIPAA violation question

Published

I'll try to give the quick version.

I'm a nursing student in an ASN program. I was in class when my brother texted me, telling me our mother had been admitted into the ICU but was being held in PACU at the hospital where I do my clinicals. Obviously, I was worried. My brother also said she was unconscious, and I needed to come see her because the docs were saying she wasn't going to make it.

I went to the hospital, and PACU staff wouldn't allow me to see her because they have patients coming and going at the moment. I was anxious, thinking my mother was dying, and I couldn't get to her so I did something stupid and looked up her chart in the EMR.

When I did this, the thought didn't even occur to me that it was a HIPAA violation. Only after I saw that she was, in fact, sedated - not unconscious - did I calm down enough to think. I immediately logged out, having been in the chart maybe 5-7 minutes.

What should I do? Should I report myself? Is it likely this will show up on an audit?

I want to emphasize, again, how I now realize how stupid this was and would never do such a thing again. I'm so nervous about this, I can't think about anything else.

I'd appreciate any input.

Thanks.

Specializes in LTC Rehab Med/Surg.

Where I work, nobody gets away with unauthorized snooping, and the penalty ranges from reprimand to firing.

You're a student. What were you thinking?

I've seen seasoned nurses fired for HIPPA violations. You're a student. Pray only the hospital sanctions you and not your nursing program.

Specializes in Internal Medicine, Geriatric Medicine.

In every place I've worked it's a violation to look at your own file, too.

I think you'll be lucky if you don't get kicked out of nursing school. The clinical site can also sanction you.

Specializes in HH, Peds, Rehab, Clinical.

Honestly? You should be dismissed from the program. Yep, I'm that harsh. Students doing what you did are the exact reason why hospitals don't invite schools back to do clinical rotations.

You could be dismissed from school.

No one saw you accessing the EMR in your street clothes/student uniform and questioned what you were doing?

You know what you did was wildly incorrect and unethical. Each student is required to have as part of their clinical rotations. (well, I went to school in the dark ages, however, it used to be the case) Contact them for guidance. Although you were not in clinicals when this all went down, the reason you had EMR access was due to your schooling.

I would not say another word until you get some professional guidance.

Specializes in Internal Medicine, Geriatric Medicine.
Honestly? You should be dismissed from the program. Yep, I'm that harsh. Students doing what you did are the exact reason why hospitals don't invite schools back to do clinical rotations.

This is true. And honestly, if I'm precepting an NP student and find the student going through anything I'm not telling him or her to go access, I report it to the facility and the school. I make it quite clear at the beginning of the clinical rotation that I take this stuff extremely seriously. If it causes the student to be sanctioned/kicked out of the program, I don't feel sorry for the student.

You abused the trust given to you by your school and facility. You know darn well you could have waited until the ICU staff was able to let you in.

That said, I guess you better hope that this isn't discovered, because you will likely face serious consequences relating to your ability to finish the program at your school. I sure hope you've learned your lesson.

Specializes in ED; Med Surg.

Of course it will be discovered. When I worked NICU we had twins with the same last name as me. Every morning my boss got a report that I had opened their charts...asking if this was work related. They finally figured it out but I was glad those privacy fences were in place.

I can't see any good outcome from this OP.

Specializes in progressive care. med surg. tele. LTC. psych..

Wait.. how did you log into your moms chart?! Did you hack??

Specializes in Ambulatory Care-Family Medicine.

It will probably be discovered on an audit, especially if you two have the same last name. It will reflect better on you if you self report than if it is discovered by the hospital. You will probably be kicked out of nursing school or be suspended and have to repeat the semester you are currently in. The hospital will probably place you on a do not hire list and will not allow you to do clinicals there ever again.

Specializes in HH, Peds, Rehab, Clinical.

He has a password and access because he's doing nursing school clinical studies where his mom was admitted.

Wait.. how did you log into your moms chart?! Did you hack??
+ Join the Discussion