Lost job over HIPAA violation

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by MInurse19 MInurse19 (New) New Nurse

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Jory, MSN, APRN, CNM

Has 10 years experience. 1,482 Posts

Wow, I am so sorry this happened. While this absolutely warranted a write-up, I think in firing you they went too far and reporting this to the BON is even more ridiculous.

I agree 100% with the above.

Whodaewhat

Whodaewhat

5 Posts

Hey there, 

 

I’m in a similar situation.. did you get results from the board yet? My situation just happened 2 weeks ago and I’ve been a mess since.. 

amoLucia

amoLucia

Specializes in retired LTC. 7,735 Posts

The OP has NOT been back in over  a year since posting.

Whodaewhat

Whodaewhat

5 Posts

9 hours ago, amoLucia said:

The OP has NOT been back in over  a year since posting.

Oh boy. I hope she is well. 

Hannahbanana, BSN, MSN

Specializes in Physiology, CM, consulting, nsg edu, LNC, COB. Has 52 years experience. 1,187 Posts

On 2/26/2019 at 11:46 PM, JadedCPN said:

Please help me understand this logic? Why should the hospital be held accountable for allowing a nurse to access a patient's chart?

Because the way the law is written, the institution is responsible for seeing that its training in HIPAA is effective with all its employees.

imintrouble, BSN, RN

Specializes in LTC Rehab Med/Surg. Has 16 years experience. 2,406 Posts

I routinely accessed the ER chart of a suspected admit, to set up the room and familiarize myself with the patient.  We were threatened for this activity, but all the nurses did it, and nobody got fired.  Management covered themselves with the threat, and looked the other way.   The sentinel event is what got you fired.  I'm sorry.  Very few things are as painful  as being fired as a nurse.

Hannahbanana, BSN, MSN

Specializes in Physiology, CM, consulting, nsg edu, LNC, COB. Has 52 years experience. 1,187 Posts

On 2/26/2019 at 11:46 PM, JadedCPN said:

Why should the hospital be held accountable for allowing a nurse to access a patient's chart?

Because HIPAA violations are charged to a facility, not an individual, per the law. Facilities are responsible for seeing that their employees and business associates are compliant with policies protecting PHI. They can do whatever they want to those people, but any penalty or  fine from OCR is levied on the institution. 

Hannahbanana, BSN, MSN

Specializes in Physiology, CM, consulting, nsg edu, LNC, COB. Has 52 years experience. 1,187 Posts

On 3/6/2019 at 9:21 PM, Orca said:

One thing that puzzles me, though, is what specific occurrence during this whole situation caused the hospital to research who had accessed the record in the first place.

I’d guess a lawsuit from a family member or regulatory body because something really bad happened, the colloquial definition of “sentinel event.”