Inadvertent HIPPA violation

[livinglighthouse, ADN, RN]

I just started a new job at Kaiser and am 2 months into my 90 day probation. I inadvertently created a hippa violation. Here is what happened.

I had made some word/excel documents with checklists to help me remember tasks with my new job. I wanted to work on them at home so I emailed them from work to my home email address to have access on my laptop. Well while grabbing these files there was a database file I also grabbed unknowingly. When it transferred I got an alert email that stated I had accessed patient info. I immediately, from my work computer, went into my personal email, deleted the email, unopened, and emptied my trash and archive. I never accessed the information. Well because the file had Med Rec #'s it triggered an alert to my supervisor and they began a HIPPA investigation and they put me on paid administrative leave until they finish their investigation. They asked to see my email folders, which I complied with, to show the files were not stored on my computer.

I've never had a hippa violation but now I'm a little freaked out........should I be worried, especially being on probation? Wondering if the fact that I never opened the file and nor did I intentionally look for the info is a factor.

[nurse2033, MSN, RN]

You didn't say whether you reported the breach at once or not. I think this will be key. You obviously did the right thing by removing the data once you realized what happened. Are you in a union? I think this will also be key. If you are in a "right to work state" they can fire you at any time for any reason. They should report the breach, and they may not like taking the hit for it. There is a lot we don't know, like your performance or your relationship with management. If that is good, I think that improves your position a lot. Good luck.

[chare]

...If you are in a "right to work state" they can fire you at any time for any reason...

I think you're referring to "at will" employment.

A "right to work" state is one where mandatory union membership as a term of employment is not permitted.

[nurse2033, MSN, RN]

Er, I think you got me. You are correct, my mistake, thanks for clarifying.

[livinglighthouse, ADN, RN]

Thank you for your reply. I did not report it as my thought was that the information was sent to myself, and that the info was something part of my job, not unauthorized access to info. Deleting it I figured my only error was accidentally emailing it to myself....I didn't consider that it was a true hipaa violation but I read after the fact that even just the act of emailing it to myself was a violation......even though the information was authorized and it was not shared with anyone but myself. In retrospect I should have reported it.

I am in a right to work state and no I am not union......my relationship with my direct supervisor is really non existent, he is rarely at my office and he has not been very involved with the direction or feedback on my job thus far.

I have not been happy with the job overall and had been considering leaving the position, but of course I don't want to leave on a poor note. I am really more wondering if I should be worried about them reporting this to anyone then I am about losing my job per say.

[livinglighthouse, ADN, RN]

Just want to let everyone know how things ended up..........Had to meet with Compliance Dept today, signed a disclosure that I will not share or distribute hipaa information and that I verify that the email had been deleted and trash bin emptied as well. They then said since its during my probation period of 90 days it is an automatic termination or I could resign. Kaiser policy is any compliance violation is automatic ineligible for rehire regardless. I chose to resign as I have another job waiting for me and don't need unemployment benefits and my reputation is more important to me than the unemployment money. Disappointed I'm ineligible for rehire, but I get it. I was relieved there were no other ramifications, so I will call it a serious lesson learned.

[WKShadowNP, DNP, APRN]

Thank you for sharing your story. It had a good ending for you, but for others it could as well not. I hope your example will be used as one for educating our peers.