HIPAA VIOLATION!

Nurses General Nursing

Published

I came across SEVERAL sheets of paper containing patient names while I was packing my ex's (who is a LPN) stuff. In addition, I also found a lot of medications (non-narcotics) and called the police who confiscated all of this including the patient names.

I talked to my ex (who of course is playing dumb) and he said that the place he is working at isn't going to press charges and is in the process of trying to work for the same company somewhere else. I am a RN and I don't work for his company, a nursing home that I'm sure will try to sweep it under the rug because they liked him so well.

However, who do I report all of this to besides the police? I contacted ISNAP and they mentioned we will get the Attorney General involved. What about the HIPPA violation? It is a violation to have patient names outside a healthcare facility in which it came from correct? I don't know what to do...I want to take the right steps! Please help!

Up Vote Up Vote ×

you can turn him and the facility into the state as long as you have a police report to back up your claims.

Goodluck. But before going to the BON I would make sure you have all your facts in place.

Up Vote Up Vote ×

You called the police and the ISNAP. Isn't that enough? Why not let them handle it form here on out? You sound like you are trying to jam him up as much as you can. Let it go and let them do their jobs. If they have any additional questions for you they will call you.

Up Vote Up Vote ×

Why don't you just destroy the stuff? I mean the less time it is out there in the public the less time it could be seen by someone who wasn't in the medical field. I am sure he could come back and tell all the tales you told him about work over the time the two of you dated. Not saying what he did was ok, just that you might not want to start a fire so close to home. I am sure you guys ended badly but let it go, its easier that way.

Up Vote Up Vote ×

That's just it....is it enough? Would you like you relatives information out in the public and no one held accountable for it? That's what I thought. For the record, as far as the medications are concerned, ISNAP has contacted me and we are going to the attorney generals office. I'm wanting to know who I contacted for the HIPPA violation.

Up Vote Up Vote ×

DESTROY THE STUFF? Are YOU licensed? We have a responsibility under nursing laws to report and I have ALWAYS done things by the book. THE PROOF is in the police hands right now. What if that was YOUR name and health information on those sheets?

Up Vote Up Vote ×
Specializes in ICU, ED, PACU.

You have reported him to his facility and the police. Why not let them handle things? Would you have the same zeal if this was a co worker or a friend of yours? You have done everything you are supposed to do. Now let others handle it, move on with your life in a healthy manner.

Up Vote Up Vote ×

You have involved several groups who ought to be able to handle the issues you mentioned. If you continue to pursue the matter, it could easily appear that you are more concerned with getting your ex in trouble than in protecting the patients. It's time to walk away, knowing that you have handed off your concerns to people who have more resources (and less bias) for addressing such situations. It isn't your fight anymore--unless you have an axe to grind.

Up Vote Up Vote ×

It's probably a violation of some sort, but is it a HIPAA violation?

HIPAA stands for Health Insurance Portability and Accountability Act. I did not read anything about insurance coverage information in the original post.

I have been a visiting nurse in a hospice as well as home care capacity. I would not have been able to do my job unless I had the names of my clients in my possession. As a Registry Nurse, I was often given information including names and diagnoses for my home care clients. Just having names does not appear to be covered by HIPAA.

Non-narcotic medications are a violation of a different matter. Depends a lot on what those medications are. Again, since there is little or no health insurance information, HIPAA does not seem to hold sway.

HIPAA was designed to encourage yet still control electronic transfer (Port-ability --- computers communicate Port to Port) of insurance information. The things you mentioned do not appear to include an internet enabled computer containing said insurance information.

You have already turned evidence and testimony over to law enforcement and to ISNAP. Who else is there? State nursing boards and police are pretty much 'it', unless he was a member of a union or guild.

You say you want to do the right thing. Are you sure you are not also trying to get even, and/or punish your ex? If so, you may be undermining the case against him.

Up Vote Up Vote ×
Specializes in Acute Care.

You've done enough.

You're just looking for drama, in my opinion tho. It's fine you reported him, that is understandable. Would you like him to be fined the maxmimum + go to jail for the maximum term in order to get back at your ex for whatever happened in your relationship?

Up Vote Up Vote ×

What he did was wrong- that's a given.

From your orig post, I feel that you may be acting more on emotion then ethics.

As someone else stated: If this was your loved one (family member, close friend, significant other), and you came upon the same things, would you be this hell-bent on completely destroying this persons life? Just sayin...

Up Vote Up Vote ×
What he did was wrong- that's a given.

From your orig post, I feel that you may be acting more on emotion then ethics.

As someone else stated: If this was your loved one (family member, close friend, significant other), and you came upon the same things, would you be this hell-bent on completely destroying this persons life? Just sayin...

couldnt agree more. My first instinct to the OP is that there was a bigger motive for revenge versus "doing the right thing".

Up Vote Up Vote ×
+ Add a Comment