Published
Two months ago, I went to the ER (I work in another unit at the same facility) with status migranosus for IV hydration and treatment. Two days later, I went back to the ER with a red streak running from my IV site up my biceps. Thrombophlebitis with possible MRSA infection, the attending said. Got IV/PO Clinda and had blood cultures drawn, with instructions not to return to work for 48 hours.
Once back at work, I looked up my labs for the final BC report (thought it might be a good idea to make certain I wasn't infected before handling babies). Since my PMD does not have admitting priviledges at my hospital, it could be several days before her office received the results by mail and who knows how long before her office called me. So, I looked it up myself, and was reassured by the negative result.
Today, I was notified that I am being disciplined for 'Violation of Confidential Medical Information'- aka a HIPAA violation. I have, apparently, VIOLATED MY OWN PRIVACY by looking up my own labs. What the ???
For the next three months, every sign-on with my password will be reviewed to make sure I am only accessing information for patients I am directly caring for. If I am in found to be violation of these terms (which I certainly am not going to do), I will be terminated.
Now, I wasn't snooping around to find out a coworker's Hep status, or prying into the file of a VIP patient on another unit- I was looking up my own information, for Pete's sake! "The organization takes privacy very seriously and views looking up your own information as serious a violation as if you had looked up someone else's medical information," I was told.
I know plenty of other RNs I work with who have looked up their own information. Or their kid's radiology reports. Or their husband's labs. I seem to be the only one, though, being disciplined. And to be put in the same penalty box as those who have snooped into the files of other patients or coworkers makes me upset. I think my hospital is taking HIPAA to a huge extreme here.
Anyone else here been taken to the woodshed for 'violating their own privacy'?
Sheesh.
Our rules regarding accessing computer info is the same. No access unless you are caring for yourself. Only access to patients we are caring for or are communicating to a doctor's office about (patients own).
As far as communicating the death of a patient. That is a touchy subject. IF the person on the phone is listed on the chart as an emergency contact or POAHC then yes, otherwise i wont give any information. If the person insists i usually will refer them to the supervisor and let them handle it. If the person is that far away, they will want more information than i have time or knowledge of to give them, they would need to talk to the doctor, so the supervisor is the next best place to send that call.
Morte, please investigate your education. Those records are not yours. They belong to the hospital. You do have a right to request copies, but there is no law that says you will get them.
Hmm, sorry to disagree!! This is directly from the HIPAA website
http://www.hhs.gov/ocr/hipaa/consumer_summary.pdf
Providers and health insurers who are required to
follow this law must comply with your right to:
Ask to see and get a copy of your
health records
Have corrections added to your
health information
Receive a notice that tells you how your
health information may be used and shared
Decide if you want to give your permission
before your health information can be used
or shared for certain purposes, such as
for marketing
Get a report on when and why your health
information was shared for certain purposes
If you believe your rights are being denied or
your health information isn't being protected,
you can
File a complaint with your provider
or health insurer
File a complaint with the
U.S. Government
You should get to know these important rights, which
help you protect your health information. You can ask
your provider or health insurer questions about your
rights. You also can learn more about
your rights, including how to file a
complaint, from the website at
HHS - Office for Civil Rights - HIPAA
or by calling
1-866-627-7748;
the phone call is free.
Ask to see and get a copy of your
health records
Ok, am I just not getting something here? HIPAA gives you the right to ASK for a copy (and receive). It does not give you to right to enter the hospital's computer system and access any records that do not belong to a patient you are caring for. I know the OP was told it was a HIPAA violation, but my feeling was that it was more a violation of computer usage.
How do the other healthcare workers out there feel when a patient grabs their chart and just starts browsing? In our hospital this is allowable but requires that the patient (or in my unit's case, the parent) sign a release paper and at that time has some explanations offered about how some reports are not final and all implications of test results need explanation from the MD.
It is a HIPPA violation. Also, where I work every year on my hire date I have to sign a paper agreeing that I understand that I cannot use computers for personal use and I cannot look up my own labs.
A year ago my MD found masses on my liver through US and ordered an ab CT. I was a mess. I may only be 26 but these were large masses and I was having alot of RUQ pain. The day after I had my CT I looked up my results and printed the report off. Masses where also found on my breasts. When my MD came for rounds he told me he hadn't rec'd any results. I told him I had the report in my pocket. He looked it over and told me the plan. I had my CT on a Thurs, I worked on Sat. I ended up having biopsies and everything turned out fine.
My feeling is it's my health and I have the right. I don't look at other nurses med history as it's not my business as an aide. Also, being a pt on the floor where I also work I want the same respect I give others.
I do not look up family members lab results. And I've never been reprimended. I know I'm taking a risk when I'm doing it but when you was the mess I was, I needed peace of mind.
Hmm, sorry to disagree!! This is directly from the HIPAA websitehttp://www.hhs.gov/ocr/hipaa/consumer_summary.pdf
Providers and health insurers who are required to
follow this law must comply with your right to:
Ask to see and get a copy of your
health records
Have corrections added to your
health information
Receive a notice that tells you how your
health information may be used and shared
Decide if you want to give your permission
before your health information can be used
or shared for certain purposes, such as
for marketing
Get a report on when and why your health
information was shared for certain purposes
If you believe your rights are being denied or
your health information isn't being protected,
you can
File a complaint with your provider
or health insurer
File a complaint with the
U.S. Government
You should get to know these important rights, which
help you protect your health information. You can ask
your provider or health insurer questions about your
rights. You also can learn more about
your rights, including how to file a
complaint, from the website at
HHS - Office for Civil Rights - HIPAA
or by calling
1-866-627-7748;
the phone call is free.
thanks, morte
the idea of not having access to your records without supervision was not a blanket law even before hipaa
Ok, am I just not getting something here? HIPAA gives you the right to ASK for a copy (and receive). It does not give you to right to enter the hospital's computer system and access any records that do not belong to a patient you are caring for. I know the OP was told it was a HIPAA violation, but my feeling was that it was more a violation of computer usage.How do the other healthcare workers out there feel when a patient grabs their chart and just starts browsing? In our hospital this is allowable but requires that the patient (or in my unit's case, the parent) sign a release paper and at that time has some explanations offered about how some reports are not final and all implications of test results need explanation from the MD.
My post was in reference to the "Those records are not yours. They belong to the hospital. You do have a right to request copies, but there is no law that says you will get them."
Computer access to your own records is a hospital policy issue, and is grounds for firing, if it is stated in the policy.
On our very first day of clinicals, our instructor made sure to tell us I don't know how many times that we were to use the computer to access information only on patients assigned to our care. It was hospital policy. No personal information, none on family members, co-workers, neighbors, friends or enemies. She mentioned it was a HIPAA guideline, but the termination of employment information was in the hospital's policy manual.
another legalistic bunch of hooey from our paternalist medical and legal system if you ask me. how many (profanity deleted) rules and regulations are the bureacrats going to keep piling on us? i'm so sick of nerds running the world, they don't give a (profanity deleted) about anyone, and would sell their own grannies to the glue factory before they'd violate hippa schmippa. these are the same (profanity deleted)er's who nailed jesus to the cross, just following the (profanity deleted) rules! :angryfire
TazziRN, RN
6,487 Posts
I may be wrong but I believe HIPAA does not apply to people who have died.
As for giving info to long distance callers: if the pt cannot give me permission because of his/her condition, I will ask the caller for identifying info to make sure it really is a relative, then I only give basics: "Your mother will be admitted to the hospital and she is doing fine/not doing well right now."