HIPAA violation

[NovaNala]

I'm in; or was in an LPN program in NY. During clinical, I looked at my mom's chart on the computer (she is a patient at the hospital I was having clinical) with her permission. I was dismissed from the program and the hospital security is currently deciding how to pursue this. Will I ever be able to practice nursing or anything in the medical field again? Stupid mistake, I knew better but my concerns for my mother got the best of me. Not that it matters at all but she is battling cancer. What's going to happen to me? To my future?

[JustBeachyNurse, LPN]

Seek a medical attorney. Hospital policy is very clear but your where a student with a educational institution this might of not been made clear to you. Looking at a pts record that you are not involved in their care is a big No. But if having permission or written permission by a text to look something up for your mother, let's say because she was confused about a medication and its side effects or she was given instruction and confused and embarrassed to ask questions and she ask you to look up in her chart the name of the drug. It might not be considered a HIPPA violation especially if her asking for information from her nurse and the info was not given to her and she went a different route by asking you because she knew you could get access. I'm not saying it was right and I don't want to give false hope. But when I comes to being dismissed from school, or someone is disciplined, fired or fined. ALWAYS seek medical legal advice.

No she needs an administrative law attorney not a medical attorney.

The American Association of Nurse Attorneys has a lawyer referral service. Even if it costs you a couple of hundred dollars for a comprehensive consultation it is less costly than repeating your education. The one factor on your side is this is your mother and hopefully she will verify you had permission.

TAANA Executive Office - Home

[pmabraham, BSN, RN]

From what I'm reading, it seems there's no consideration the patient is a direct relative who did give verbal permission; is that correct? Are there any areas where a patient could give verbal permission?

NovaNala: I'm sorry you are going through this event, and I hope you are shown mercy and grace.

[NovaNala]

That's correct, my mom asked me to look at her progress report because they're telling her nothing. She's trying to fight with THEM. We were never taught about HIPAA and having permission.

[elkpark]

That's correct, my mom asked me to look at her progress report because they're telling her nothing. She's trying to fight with THEM. We were never taught about HIPAA and having permission.

I doubt v. much that, even if it's true (which I find hard to believe), the school will be willing to concede to anyone that it never informed you at all about HIPAA and the legal requirements of client privacy. No hospital would be willing to host nursing students from a school that doesn't teach its students about something as basic and universal as HIPAA.

Hospitals have processes for individuals with consent from the client to access records, and it is usually that the client must sign a Release of Information form directing the facility to release the records to the third party. That is usually done by the HIM department once the client is discharged. It's highly unlikely that, even with your mother's permission, the hospital would allow you to just help yourself to the chart in "real time."

[JustBeachyNurse, LPN]

That's correct, my mom asked me to look at her progress report because they're telling her nothing. She's trying to fight with THEM. We were never taught about HIPAA and having permission.

I'm sorry then your class as last semester students did not belong in any healthcare faculty without basic confidentiality, access to records and HIPAA. I don't recommend using that as an excuse moving forward as it will guarantee your demise.

All facilities have a legal obligation to endure anyone with access to confidential patient information sign a confidentiality agreement as well as have orientation to the facility, security of protected health information as well as HIPAA basics.

We had that in school as part of school orientation as well as before entering any clinical site which was renewed annually. I had that when working as a volunteer in a facility with a chance of incidental access.

[pmabraham, BSN, RN]

So HIPAA is so black and white that verbal authorization isn't considered? Are there any cases where verbal authorization was enough?

[dec2007]

The patient could only give "verbal authorization" to HER provider or staff actually caring for her, not to a family member who happens to have student access to hospital files. The patient is entitled to copies of her records, but must go through the proper process to get them.

[JustBeachyNurse, LPN]

So HIPAA is so black and white that verbal authorization isn't considered? Are there any cases where verbal authorization was enough?

If it were her treating nurse or provider then in an urgent situation yes, often with a witness or consent would be covered by rye admission consents . But technically due to the sensitive nature of protected health information witnessed written consent is needed.

Not to family. Not to a student who is a guest at the facility for clinical rotations.

If the school did not review protected health information, proper channels to access medical records and HIPAA as the OP now states the program is at risk for their nursing curriculum and potential to remain at the facility.

The better response would be to direct your mother/family to the patent advocate/relations department of the facility.

[elkpark]

So HIPAA is so black and white that verbal authorization isn't considered? Are there any cases where verbal authorization was enough?

Under HIPAA, there's no such thing as authorizing your family member (or any third party), verbally or in writing, to look at your records. The healthcare facility/organization is responsible for managing and safeguarding the records; the OP's mother would need to authorize her healthcare provider(s) to release the information in her medical records to her daughter. And, again, the hospital would have a policy and procedure on how it does that, and it would definitely not involve the daughter just rifling through the chart while at clinical.

I predict this is going to end badly for both the OP and her (former) school. Schools have been kicked out of hospitals (for clinicals) permanently for a lot less than this.

[NovaNala]

I apologise; let me restate that because I was incorrect. Of course we were taught about hipaa, and yes, we signed a paper with the hospital on hipaa policy. We were not informed about viewing a family members charts with consent. I should have just asked. I was flat out STUPID. If I could only go back in time... Feel horrible; I ruined my future.

[NovaNala]

I predict this is going to end badly for both the OP and her (former) school.

So, I really did ruin any chance at becoming a nurse? I am not taking this very well at all and boy does that statement sting. I guess the truth hurts.........

[pmabraham, BSN, RN]

For those offering clarification, thank you. There are certain things they do not teach in enough detail in nursing school.

NovaNala, first, I'm sorry your mom has cancer; and I pray she gets well. I also hope you are shown mercy and given grace over this situation.