Is it a HIPPA violation?

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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?

Specializes in Emergency.

"We went to the ER where I work for xrays"

Do you work in the ER, or did you go to the ER at the hospital where you work (meaning that you work in an area other than ER)?

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Specializes in ED.

How sad!! This is absolutely a HIPPA violation. (In addition to being a staff nurse I am also responsible for our EMR. Whe requested I run reports to monitor for inappropriate viewings of charts.) Our nurses / staff know not to go into any chart they need to "think twice about" going into. They will even go as far as to document a note as why they went into a chart IE: cultures reviewed and negative.

As fellow members have stated -- Why did they draw a blood alcohol level?

I would be contacting Human Resources and the Risk Manager for starters.

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Specializes in Emergency.
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?

Simple answer- bringing up your information on a not need to know basis yes it is a violation.

The speculation of why you need to talk to your manager and wether it the two can be connected, that is only something that the compliance officer could tell you probably after you have talked to her. May have nothing to do with the other. The MD caring for you, who by the way had the right to the information could have called your charge nurse with the concern.

At the time you wrote this I would have consulted an attorney prior to talking to your charge nurse/boss. At the time I write this, post your meeting, I can only speculate.

Which leads me to rule #1 don't go to the ER YOU WORK AT UNLESS ITS LIFE OR DEATH, ESP IF YOU HAVE BEEN DRINKING.

Rj

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Specializes in Emergency.

If the charge nurse brings up the BAC while you are talking to her, it's a definite hippa violation, because she had no business in your chart.

Also, BAC are not done on any "accident" that I have seen in my experience. They are mostly done if a significant BAC will change the plan of care.

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I am a nurse and was recently hospitalized at the facility I work for pancreatitis. I have had 2 back surgeries this year from and injury I got at work. I am in management. I take chronic pain meds for my back. I was informed that a few nurses were discussing my amount of meds I take on a regular basis and what was ordered for me there. Even the nurses that were not caring for me. It was said in front of Physicians, other staff members and new employees, I feel this has compromised my professionalizm on the floor with the nurses i work with everyday and with the Physicians. #What do I do and is this a true hippa violation? Help me please

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If something is spoken in front of one person that you work with then it is slander I believe. Things like this do not change until some one gets mad enough to make a big stink in the exacting manner called for by lawyers. Some one needs to be burned for the op charge nurses nosiness and slewis case. Slewis will find it harder as their is a general prevalent atmosphere of every one knows. I would accumulate a list of names and times before talking with a lawyer. I personally care less who knows that I had to be carried home from a party. If my supervisor brought it up I would be extremely upset though. My private time is mine all mine.

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Keep in mind that this thread is WAAYY over two years old. (Dated - February 08). If you do have questions about a current situation, you may want to start a new thread specific to your situation.

Wish we had gotten an update from the OP.

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Specializes in Trauma/ED, SANE/FNE, LNC.

you have already been told this, but it is ABSOLUTELY a HIPAA violation, and I would throw it right into their faces.... the nerve!:devil:

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Honestly, I really don't want to appear that I have attitude, but this thread is over 2 years old, and the OP only posted twice on AN, just on this thread. I'm sure that she's not going to update this. However, I do wish her the very best, and I do hope that the meeting with management was about another issue. Hopefully, it wasn't as bad as she thought it was.

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