Is this a violation of privacy

[Lizzly]

I am a C.N.A working at a assistant

living home where the majority of the NA (Nurses's Aid) are not even

certified which causes a dysfunctional working environment for the

rest of us because the NA's working there does not follow the rules

and do what benefits them. Today, After finding out a NA let a

resident read the End of the shift books, where we write notes about

each residents' day, I was furious. We fill out a sheet of paper,

end of shift report, with every residents' name on it so the next

shift knows what happened the previous shift. Even if he's in his

right mind, he has the right to read our communication books? He said he was in his right mind and had the right to know what was written about him and refused to tell me who let him read our communication books. Is this

a violation of privacy of the residents and should I report this incident or

not worry about it.

[elkpark]

I would make your boss aware of this ASAP. I've never worked in long-term care or assisted living, but there's no place I've ever worked that anything like that would be allowed. It is an obvious violation of the privacy of all the other residents, and of the staff members. Wow.

[mstearns09]

Major HIPPAA violation. If reporting to the DON doesn't get something done, call the state ombudsman.

[Paws2people]

Agreed. It's a violation. A major HIPAA no-no. Also, the NA that let the resident read other patients' "charts" (which it IS essentially a part of their chart/file) needs to be reprimanded. What were they thinking?! I cannot see any reason why an NA would condone a resident to read the employees' report sheets... Amazing. Healthcare is a serious career, and a patient's records need to be handled as such.

[Lizzly]

I appreciate all the replies and has talked to a supervisor who says it's a no no, but can not do anything about the problem because the resident refuses to tell us who let him read them. He claims he is in his right mind and has the right to read the stuff written about him on his chart. I told him he must get written permission before he can see his chart which won't happened because they're no reason for him to read his chart. Our chart is used mostly for communication between the CNA so that the CNA on the next shift know what happened the previous shift: confusion, sick, refusal of medications.. Thank You, I appreciate the replies.

[Esme12, ASN, BSN, RN]

While it mat be "his right" he may not do so without physician permission and guidance IF this is a part of the patient chart. If this is a staff communication he has no right to read the book with other patient information in it as it is a breech of confidentiality of the other patients. The communication book is not a part of his chart and he is manipulating the staff. The CNA who did this would be in BIG trouble if they are found out.

Your supervisor can do plenty...like put out an official notice that this is NOT allowed and anyone found not in compliance will be terminated. Just because they are not "certified" does not relieve then of HIPAA obligation under the law.