Published Nov 18, 2015
Clovery
549 Posts
Is it a HIPAA violation to look up the outcomes of patients you cared for?
For example, you had a patient on a med-surg unit who you transferred to ICU. You come into work the next day wondering about what they did for him and what was the outcome (out of concern for the patient and for your own knowledge). Is it a violation to continue to access this medical record if you previously cared for this patient but transferred them to another unit?
Thanks for any answers and I apologize if this has been discussed before, I searched but didn't find anything.
Psychcns
2 Articles; 859 Posts
This is a really good question. I have been told it is not OK to look up patients previously in your care for the reasons you note. But I have not asked hospital compliance. I am interested in what others think.
springchick1, ADN, RN
1 Article; 1,769 Posts
That patient is no longer in your care so yes, it would be a violation.
Karou
700 Posts
This is a clearly defined violation anywhere I have worked. Think about it. This patient is no longer in your care. You don't need to open the chart and find out what happened, but you want to. Need vs want.
JustBeachyNurse, LPN
13,957 Posts
Yes it's a violation. You are not providing care so you are not entitled to follow up to satisfy human curiosity. It's specifically detailed in many of the FAQ
Which FAQ? Here on the site or HIPAA's FAQ? Do you have a link?
It's more than out of curiosity, it's clinical learning experience to follow up your assessment of the patient and the final outcome.
Which FAQ? Here on the site or HIPAA's FAQ? Do you have a link?It's more than out of curiosity, it's clinical learning experience to follow up your assessment of the patient and the final outcome.
HHS website. If for legitimate educational purposes the rules are different. As a student there are ways to gain the information. As a curious employee wishing to understand a disease process contact the clinical education department or corporate compliance for proper protocols.
HIPAA FAQ
HIPAA - Frequently Asked Questions
Whispera, MSN, RN
3,458 Posts
absolutely a violation
MunoRN, RN
8,058 Posts
HIPAA does actually allow for caregivers to evaluate their care by reviewing information pertinent to care they have provided even if they are not currently caring for or will be caring for that patient, this falls under the quality control exception. Since the scope of information legally available when evaluating care already provided, facilities will typically require that this information be reviewed with either a manager, quality coordinator, CNS, etc present to ensure that the scope is kept to information related to care provided by that person.
This usually involves going over additional information that became available after the nurse cared for the patient that would help explain what the nurse was seeing, for instance if the nurse is caring for a patient with various symptoms but isn't sure what they mean, and it turns out the patient has an EF of 10%.
HIPAA does actually allow for caregivers to evaluate their care by reviewing information pertinent to care they have provided even if they are not currently caring for or will be caring for that patient, this falls under the quality control exception. Since the scope of information legally available when evaluating care already provided, facilities will typically require that this information be reviewed with either a manager, quality coordinator, CNS, etc present to ensure that the scope is kept to information related to care provided by that person. This usually involves going over additional information that became available after the nurse cared for the patient that would help explain what the nurse was seeing, for instance if the nurse is caring for a patient with various symptoms but isn't sure what they mean, and it turns out the patient has an EF of 10%.
There are provisions as described above, do not access independently without management, clinical education or supervisor consultation. Inquire at your facility for procedures. There are provisions for educational purposes and care review. But proper documentation is needed in case access is ever audited.
ambr46
220 Posts
I have been just as curious as you to know how the patient is and what the outcome was. Just don't do it you can be liable for a violation as well as your facility. It's not worth it.