HIPAA Violation

[Deanne448]

I am an RN who has been at the same hospital for over 15 years. I am currently suspended for a HIPAA violation. The reason is I accessed a persons information. The reason I did was because I believed we had seen her in our clinic just recently. If we had seen her she would have most likely had a follow-up appointment scheduled, which I would have asked our schedulers to cancel as the patient is deceased. I had honorable intentions as we have an automated system that calls to remind patients of their appointments. I was trying to prevent her family from getting such a call. She actually had not been seen and as soon as I realized it I looked no further. I did not look at any information on her whatsoever. I simply looked to see if she had been seen in our clinic. Apparently a lot of people looked at her information, as it took 4 ays to come to a decision. This is something that will go on my record. I have never been disciplined for anything in my 15 years of employment. I intend on fighting this as I know in my heart I am innocent. Any advice?

[Batman25]

I would take the suspension and be glad you weren't fired. The outcome could have been worse for you. Use it as learning experience and in the future take your concerns to mangement.

[carolinapooh, BSN, RN]

"They are coming down very hard on HIPPA violations.

"Check this out on the HIPPA site"

HIPAA

H.I.P.A.A.

Thank you.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.

And I think this is another case where HIPAA is being incorrectly invoked. Privacy issue? Possibly. Accessing PHI you probably weren't supposed to see? Also a good possibility. But this doesn't seem to fit what HIPAA actually is.

This has become a sticking point with me lately, and some lawyer needs to pull his or her head out and start fighting it.

Call a lawyer. NOW. This may not be an actual HIPAA violation...read the act yourself and you'll see what I mean. Not saying you still wouldn't get dismissed, but I'm sick of facilities invoking HIPAA without knowing what they're talking about first - and everyone just agreeing with them because they believe it's correct. It's not always right.

HIPAA has to do with facilities and providers and insurance companies and how records are swapped between them - not the incorrect accessing of records by nurses.

[roser13, ASN, RN]

"I'm sick of facilities invoking HIPAA without knowing what they're talking about first - and everyone just agreeing with them because they believe it's correct. It's not always right."

I'm right there with you. I fully believe that there is a new HIPAA industry that has grown out of the need to decipher and translate the massive regulation. That industry (including VP's in most larger institutions) now must justify its place in the medical world by continuously updating its definition of HIPAA and what constitutes a violation. They perpetuate the notion that multiple full-time positions are necessary to translate and monitor medical facilities.

Having said that, the problem for employees who are accused of violating HIPAA when technically they haven't (happened to me) is that facility policies govern these issues. For instance, even though I believe that HIPAA doesn't mandate that an employee may not look at their own personal health information, most facilities are claiming that it does. If you are "caught" looking at your personal lab results in such a facility, you are in violation of facility policies, just not HIPAA as they assert. Your discipline is categorized as a HIPAA violation.

[thinkertdm]

Thank you.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.

And I think this is another case where HIPAA is being incorrectly invoked. Privacy issue? Possibly. Accessing PHI you probably weren't supposed to see? Also a good possibility. But this doesn't seem to fit what HIPAA actually is.

This has become a sticking point with me lately, and some lawyer needs to pull his or her head out and start fighting it.

Call a lawyer. NOW. This may not be an actual HIPAA violation...read the act yourself and you'll see what I mean. Not saying you still wouldn't get dismissed, but I'm sick of facilities invoking HIPAA without knowing what they're talking about first - and everyone just agreeing with them because they believe it's correct. It's not always right.

HIPAA has to do with facilities and providers and insurance companies and how records are swapped between them - not the incorrect accessing of records by nurses.

You are correct- most of the HIPAA law does cover providers and insurance companies- but a portion does address confidentiality of medical records. It specifically lists the situations and extent that people- doctors, nurses, anyone- can access your records.

So it does SPECIFICALLY cover nosy nurses looking through records.

If the nurse had no clinical reason for looking through the record, then it's a violation.

I agree, HIPAA is the most misunderstood rule in the world- but common sense alone should tell someone to not look through a medical record unless there is a good reason to. Especially in high profile cases.

[Deanne448]

I am in the process of filing a grievance with the state. One reply said I had to look at all of her previous appointments. This is not true our system allows us to type in the patients name and the name of the clinic. If they have been seen then it will show you when. If not it shows "no appointments". That was all I viewed. So all I can say is I still believe I am innocent.

[roser13, ASN, RN]

What is the basis of your appeal?

I'll be very interested in your outcome. Please post back.

Personally, I'M afraid that HIPAA is such an elephant that no one is willing to take it on or challenge anyone else's interpretation of it.