Hipaa violation?

Nurses HIPAA

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Long story short, a coworker at my hospital went digging through PHI trash (unsecured) to present to my boss work that I didn't finish. For the record, there was good reason I couldn't finish it. But isn't accessing patient info, even if it's discarded, a violation of patient's rights? Accessing PHI to monitor my progress certainly isn't required to do her job. Here's a hypothetical. Let's say I have herpes. I have documentation from my physician (I'm not only an employee, but also a patient of this hospital) notating this diagnosis. I discard this info into the PHI, assuming that it's protected. Said coworker goes rifling through the trash (seriously, who does that?) and now has access to my sensitive info. Thoughts?

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Specializes in retired LTC.

WOW!!!!!! Whatever happened between the two of you for her to be that lowdown to go dumpster diving?

Is this a for real topic? Or are we being skunked by a brand new member baiting us?

Do I make some popcorn now?

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i refused to switch a shift with her (my son's birthday) and she ended up having to take a sick day/occurrence on it. That is literally the only thing that I can think to make her dislike me. If I say hello, she walks right passed me without even an acknowledgment. She's also reported to my boss that I was chit chatting on the clock (I was actually on lunch; she wouldn't know that as I don't have to report to anyone on when I take lunch.)

It's a very real question! :) I'm probably just going to let it go and avoid her, but I'm curious. Is digging through PHI without a "need to know" inappropriate?

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Specializes in Complex pedi to LTC/SA & now a manager.

Why is printed PHI not securely discarded in a shredder or a bun with a lock to be shredded? Forget coworkers on a mission PHI discarded into an accessible container is a compliance issue as then anyone that gains access to the trash can access it

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Specializes in retired LTC.

I find that just your refusal to switch a shift could make your coworker so vindictive. She's trying to annihilate & eradicate you!!!

If this post is REALLY for real, I see 3 issues here. First, you reported that you actually DID NOT complete a required assignment. For whatever your reasoning, you failed to complete your obligated responsibility. Insubordination? That's grounds for disciplinary action.

Secondly, you tried to hide the evidence by ditching the paperwork. Serious! Also a disciplinary action, I believe even more serious than the first, and possibly worthy of instant termination for dishonesty and destruction of facility info.

Thirdly, you failed to ensure that sensitive HIPAA info was disposed of properly. You DID violate stringent HIPAA R&R. Again, you KNEW it but failed to take adequate safety action to meet compliance. HIPAA violations, more often than not, result in disciplinary actions.

I know nothing about your coworker's job title or responsibilities. Perhaps she does have some supervisory responsibilities and WAS doing her job by monitoring your actions and reporting them up the chain of command. Regardless, her loyalties and accountability are to her employer, NOT YOU. Given all the info you've presented here, I see your liability!

All I see now is you just pointing a finger and some sour grapes. If you do have some real mitigating reasons in this situation, you will need to discuss them with your dept head and your facility's HIPAA Compliance Officer. (I believe that position is REQUIRED of all facilities).

To remain silent allows the situation to be UNaddressed and you seeming to hope everything will just be swept under the carpet. Better to step up and settle the issues with your PTB and FAST!

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Specializes in NICU.

I've seen open-topped trash bins clearly marked PHI in non-public accessible office areas. They are eventually put into lidded, locked privacy bins. I believe it's for the convenience of the desk-job staff. So i don't agree that OP failed to put something with PHI in a secure disposal bin.

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It's seems the work environment folks don't have much to do. I would quit if I was you and change your name cause folks don't think about the emotional psychological damages of their actions as the blab your name and health info.

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