HIPAA VIOLATION

[bc808]

Hi, I have a question...I was being harassed via email by some former friends and at my wits end, I threatened to publish their medical records on Facebook and tag them (clearly it was an empty threat). Nervous and vindictive, they called the personell department at my job and I was fired although I had no intentions on doing so nor did I ever access their information. I was told that I was terminated because I made the threat, they didn't even look at my computer records to see that i wasn't lying. I also asked if I would have known nothing about the email or what was going on what would have happened and they told me I would have still been terminated. I did not have access to Medical Records, but I found in the meeting that I'd access to claims data. Is this lawful and was this a violation of HIPAA, as they stated?

[Jenni811, RN]

Whaaaat? are you serious?? are you in middle school?? Cyber-bullying is something that i've only seen occur in middle/ high school.

I think you deserved what you got.

You need to be the better person and walk away from a situation like that then threaten to post their medical records on facebook. I mean come on....

Flip the tables here, how would you feel if someone threatened to put your medical records on facebook??

i don't care if you meant it or not, that was wrong on so many levels, unethical and very unprofessional.

[wooh, BSN, RN]

I just noticed this was a first post. Could be a hit and run posting. lol

Could be. But if trolling, I have to at least give him/her credit for spelling HIPAA correctly. :)

[JeneraterRN]

I do believe your behavior is close to extortion, if not completely so. Clearly it was not an empty threat, but it was definately ill-conceived. You are a disgrace to the profession and most definately should have been fired. Hey, here's an idea-Block them from your email if they are bothering you.

[sissiesmama, ASN, RN]

Could be. But if trolling, I have to at least give him/her credit for spelling HIPAA correctly. :)

I know! My thoughts exactly-

[Stramaine]

I think you go the point...learn from this, invest in a different circle of friends that won't harass you, take the next job a lot more seriously, and take this time as a moment of reflection and grow a bit.

[BabyLady, BSN, RN]

Hi, I have a question...I was being harassed via email by some former friends and at my wits end, I threatened to publish their medical records on Facebook and tag them (clearly it was an empty threat). Nervous and vindictive, they called the personell department at my job and I was fired although I had no intentions on doing so nor did I ever access their information. I was told that I was terminated because I made the threat, they didn't even look at my computer records to see that i wasn't lying. I also asked if I would have known nothing about the email or what was going on what would have happened and they told me I would have still been terminated. I did not have access to Medical Records, but I found in the meeting that I'd access to claims data. Is this lawful and was this a violation of HIPAA, as they stated?

You cannot be charged with a threat to violate HIPAA.

However, if you are asking if they had a right to fire you, the answer is yes.

If I was your boss, I would have too.

HIPAA is nothing hospitals mess around with and the fines are steep if they have an employee that without authorization, accesses records. If they KNEW in advance that you made a threat and it could be proven they took no action and you did access the records and published them, then the hospital would be liable.

Let it serve as a lesson that you NEVER make threats associated with your job.

[Hospice Nurse LPN, BSN, RN]

I just noticed this was a first post. Could be a hit and run posting. lol

I was wondering the same thing. Any nurse would know this is a big no-no. We are supposed to protect the public.

[emtb2rn, BSN, RN, EMT-B]

Sounds like billing office/admin, not an rn. no access to medical records but able to access claims info. Although op appears not to have known that until termination meeting.

[Whispera, MSN, RN]

Wow...threat to harm...isn't this assault? I'm surprised you weren't arrested.

[nursel56]

. Hey, here's an idea-Block them from your email if they are bothering you.

. . . I have a mental image of this person opening email after email exclaiming oh my god! This is horrible!!!-------click--- oh my god etc - surely someone who knows how to spell HIPAA correctly would'nt do somethng that lame.

A threat alone probably not a HIPAA violation. If I were the decider in this hypthetical scenario I'd consider a threat worse than a HIPAA violation so yeah. I think they made the correct choice.

[CoffeeRTC, BSN, RN]

um...block the email.

[Jenni811, RN]

I'm still in shock at how horribly immature this is.