Is This a HIPPA Violation?

[TeleNurse30]

Before I contact the HIPAA officer at my facility, I would like some of your opinions. Is it a violation of HIPAA for an employee who was not involved with a patient who coded, and not even working on that day, to look up the medications that were given prior to the code via the pyxis, just to "see what went on", when she came into work two days later?

BTW, the patient ended up being okay and didn't even have to leave the floor.

[canoehead, BSN, RN]

I think what this nurse did falls into the category of "none of your damn business" if she's just looking for mistakes made by her coworkers. It warrants reporting, but you may not want to open that can of worms. She'll be second guessing you next, and WILL find something to complain about.

[pennyaline]

...Edited to add: as for the original question ... before contacting your compliance officer, I would think about why this is upsetting you. Is there value in reviewing this patient's course as a learning experience for your department?

If there is value in reviewing this patient's course "as a learning experience," then let it be the job of the unit manager, Staff Development or QA to present it as one. Otherwise, it's seems to be an uninvolved nurse poking her nose where it doesn't belong.

[eyknough]

Yeah, this sounds like a HIPAA violation. Even if the nurse's intentions were good, if it is not in his or her job description to investigate using client records, then their records are private. It sounds like the nurse in question was trying to stir up BS, which is a great reason to report the incident. However, taking your time will get you in trouble. After all, it is not even your duty to determine whether a violation was committed. If you have a question, you are supposed to report it.

If you wait a week, then expect reprisal for waiting. If you report, then watch your back. People are nasty and seem to like exacting revenge.

Good luck!

[elkpark]

If there is value in reviewing this patient's course "as a learning experience," then let it be the job of the unit manager, Staff Development or QA to present it as one. Otherwise, it's seems to be an uninvolved nurse poking her nose where it doesn't belong.

ITA. A "learning experience" would be an authorized staff inservice, not individual staff snooping in the records.

I think it woud be v. appropriate to report the situation to the facility HIPAA officer -- it's that person's job to determine whether or not the situation represents a violation.

[Lucky0220]

Choking is one thing, as the airway is able to be cleared. A patient who just randomly stops breathing seems to be a situation where a patient is usually sick enough to warrant an ICU bed. Yes, I do find this extremely odd.

I don't mean to be harsh, but I have to ask why you insist on arguing your point? The OP asked for opinions on situation regarding HIPAA and in your first response you didn't even have the courtesy of answering the question and if not for the good sense of the other posters, you would have turned the topic of this thread into something entirely different. I have read many of your posts and have very strong views on so many topics for someone with only a year and a half of nursing experience. Do you think that you know better than the doctors who decided that the patient was stable enough to stay on the floor? You definitely have the right to your opinion, but you should think before you post a response that has nothing to do with the original question.

[Lucky0220]

Before I contact the HIPAA officer at my facility, I would like some of your opinions. Is it a violation of HIPAA for an employee who was not involved with a patient who coded, and not even working on that day, to look up the medications that were given prior to the code via the pyxis, just to “see what went on”, when she came into work two days later?

BTW, the patient ended up being okay and didn’t even have to leave the floor.

I have to agree that this seems like a case of a nosy nurse trying to be some kind of hero or something. I am not sure if this constitutes a HIPAA violation, but it sure qualifies as "unprofessional conduct". She sounds like someone I would want to steer clear of. Maybe warn the nurse that took care of this patient so she can watch her back. It's really sad that we have people like this among us.

[blondy2061h, MSN, RN]

I don't mean to be harsh, but I have to ask why you insist on arguing your point? The OP asked for opinions on situation regarding HIPAA and in your first response you didn't even have the courtesy of answering the question and if not for the good sense of the other posters, you would have turned the topic of this thread into something entirely different. I have read many of your posts and have very strong views on so many topics for someone with only a year and a half of nursing experience. Do you think that you know better than the doctors who decided that the patient was stable enough to stay on the floor? You definitely have the right to your opinion, but you should think before you post a response that has nothing to do with the original question.

My feeling is that discussion boards are for discussion. I certainly was not trying to steer the post away from the question and the OP got plenty of very good responses to that. Your post seems to be attempting to steer the conversation away as much as if not more than mine. And yes, as everyone answered, snooping through medical records of a patient you're not caring for is a hipaa violation.