Is it a HIPPA violation?

jnrsmommy · Feb 7, 2008

YES!!! What business is it of your charge nurse what your alcohol level was when you're off duty? I would definitely make sure she hears you loud and clear when you say "This completely violates my rights."

jmgrn65, RN · Feb 7, 2008

Yes if anyone brings your labs up including your charge nurse it is a HIPPA violation. It is none of your charge nurses business what you do on your off time and if she knows then you need to contact your corporate integrity officer.

caroladybelle, BSN, RN · Feb 7, 2008

A. Your BAC is none of your employers business, unless you were on duty, to report for duty within 8-10 hours, or injured during a work related event/operating an employer owned piece of equipment.

B. If you were busted for DWI/DUI, it might figure, as it affects your licensure and thus your ability to work for them.

C. WHY DID they draw a BAC on you for a minor issue????? Were you threatening to sue someone involved in your injury or did you drive? I cannot imagine any other reasons for checking BAC, barring a workers comp issue.

D. Barring these, I would be lawyering up, and wanting to know who checked the results and communicated them to your boss.

scattycarrot, BSN, RN · Feb 7, 2008

Just curious but why did they draw blood in the first place?

MsLady06 · Feb 7, 2008

A couple of weeks ago I went to a party with some fellow nurses. When leaving I slipped on ice and sprained my ankle. We went to the ER where I work for xrays. They drew a blood alcohol level (without telling me) and it was .9... .8 is legally drunk. I was not driving nor was I reporting for duty. I have been asked to come in tomorrow to talk with my charge nurse, supposedly about my alcohol level that night. Most nurses and ward clerks can bring that information up on the computer. Is that a HIPPA violation?

I think its HIPPA as well.

Batman24 · Feb 7, 2008

Pre-Req Nursing Student here...how does the OP go into the meeting tomorrow?! Do they get a lawyer and then meet with the Charge Nurse?! Is that overkill?! I would be worried only because if you don't have an advocate there things can get twisted and turned around. Can she request to bring someone into the meeting?!

My guess as to why they ran a BAC was because they feared a lawsuit as it was a "work party" and wanted to be able to prove you were intoxicated at the time. Clearly she crossed the line. And according to my friends who are nurses it is a HIPAA violation. They were very upset on your behalf.

DixieNurse2244 · Feb 7, 2008

According to the doc on duty, you should always check an ETOH level on anyone my age (63) who has an accident. I have worked in this ER for 8 years and have not seen that practiced. He may have smelled the alcohol on my breath and just been curious.

kmoonshine, RN · Feb 8, 2008

Yes, it is a HIPPA violation; she in no way was providing care to you and therefore, had no reason to be accessing your records. She should be fired - seriously, this isn't an "Oops, I didn't know" situation. To some people, personal health information is extremely private to them, and if it were me, I would be beyond furious.

Also, why did they draw an ETOH level? Unless you were injured on the job or were driving, there was no reason for them to draw it. And they should have at least told you.

In our ED, patients who claim they are injured on the job (and whose employer requires a drug test in order for them to file a workman's comp) are escorted down to the lab where a trained lab person collects the sample required from the employer. The patient knows they are having blood/urine collected for drug screening. To us, we are treating the sprained ankle, not the ETOH (unless someone is obviously intoxicated, can't verbalize mechanism of injury, can't walk and has no one to pick them up - we draw to assess levels and determine when it would be safe to discharge the patient...we have held people for many hours). In your case, a sprained ankle does not require an ETOH level to be drawn, IMHO.

I would definately start documenting the dates and times that the above events occured. I would also immediately seek legal advice. And, I would not talk to anyone at work about what happened - don't mention drinking, don't mention the charge nurse approaching you, don't mention the ED drawing labs. All they need to know is that you sprained your ankle.

It's up to you to attend the meeting tomorrow with the charge nurse - I suppose it would clarify what you have already suspected (that she accessed your personal health records illegally). But don't mention anyting about HIPPA to her, don't question her, don't confront her - it's not your job.

Similar situation happened at my hospital - an employee came through the ED for emergent care, and one of the staff members mentioned what had happened "out of concern" to a different employee in a completely different department. This staff member was immediately fired.

brissie · Feb 8, 2008

I think you mean 0.09 not 0.9 lol. 0.9 and you would be pretty skunked!

caroladybelle, BSN, RN · Feb 8, 2008

My guess as to why they ran a BAC was because they feared a lawsuit as it was a "work party" and wanted to be able to prove you were intoxicated at the time. Clearly you weren't over the legal limit and clearly they crossed the line.

There is no indication that it was a related"work party"....just getting together with fellow nurses.

And I believe that the OP should ask the charge what the topic is. And if it is related whatsoever to the BAC...she needs to have a witness or a tape recorder with her.

firstaiddave908 · Feb 8, 2008

that is deffently a HIPPA violation.