Nurse Recruiter and HIPAA violation?

[SookieBSN]

Hello group! This is my first post on AN so bear with me!

So...I have been applying for a nursing position at a hospital less than a mile from my house since 2009. I have never received so much as a response from human resources. So about a month ago, I felt the initiative to call the nurse recruiter and get an idea of how I could improve my resume/application. During our conversation, the nurse recruiter let slip that she didn't think I could handle a nursing position due to "my numerous ER visits." I contacted Risk Management at the hospital and they confirmed that this nurse recruiter had in fact accessed my medical record four times. The lady at risk management said she would "take care of it." As of yesterday, the nurse recruiter is still in her current position. I feel completely violated. Is there no privacy anymore?

So my questions is: Should I continue to pursue this through other means...i.e. reporting this as a HIPAA violation? Risk Management is no longer returning my phone calls.

Thank you, Sookie

[Anna S, RN]

Wow- this was an egregious violation of the law.

Sounds like you will never work there, but they may end up having to pay you.

[Altra, BSN, RN]

An interesting story at face value.

No one else here questions the odds of a non-clinical employee in HR having access to the EHR, in a hospital with sufficient security systems functioning well enough to have documented that a patient record has been accessed?

[klone, MSN, RN]

An interesting story at face value.

No one else here questions the odds of a non-clinical employee in HR having access to the EHR, in a hospital with sufficient security systems functioning well enough to have documented that a patient record has been accessed?

Yeah, I tend to take things at face value. I guess I would question what would be the purpose of the person coming here and making up a story like this. It's not like we are the ones who decide if the OP gets a monetary settlement for a HIPAA/EEOC violation.

[CamillusRN, BSN]

The recruiter had no right to access your history - this is both illegal and unethical. You certainly would have a case if you wanted to pursue the matter.

[AnthonyD]

An interesting story at face value.

No one else here questions the odds of a non-clinical employee in HR having access to the EHR, in a hospital with sufficient security systems functioning well enough to have documented that a patient record has been accessed?

If it is a Nurse Recruiter, he or she may in fact also have a clinical role in the hospital system, which would warrant their EMR access.

To the OP. I'm sorry to hear this happened to you, and I can't believe they actually told you that. I hope you pursue this and update us on the outcome.

[CamillusRN, BSN]

I wouldn't want to work there. If they don't have that HR lady in control, imagine the rest of the place.

This!

[icuRNmaggie, BSN, RN]

There are nosey people working in backward small town hospitals who review the census every night just to have something to gossip about. I saw this nearly every night during one 13 week contract.

[dah doh, BSN, RN]

An interesting story at face value.

No one else here questions the odds of a non-clinical employee in HR having access to the EHR, in a hospital with sufficient security systems functioning well enough to have documented that a patient record has been accessed?

Actually I know it has happened in the past that non-clinical staff personnel at my facility have accessed their family members EMR to read doctors notes and look at test results. Also when our physicians get hospitalized, their "colleagues" tend to browse their charts. Both get reported as HIPAA violations but it doesn't really stop it from happening. IT can track who accesses a patient's EMR. We were told specifically not to look at patient charts unless you document the relationship (care giver staff, auditor, etc). They run random audits.

To the OP: the HR personnel has NO reason to access your EMR...definitely a HIPAA violation. You should report it as suggested in previous postings. Regardless of reporting them or not, you should cross that facility off your list of potential employers.

[CBlover, BSN, RN]

Absolutely a HIPAA violation! As others have said though, I would not continue seeking employment there.

[Graduatenurse14]

I believe that this kind of thing happens way more often that we like to think it does. The hospital IT dept. may be in cahoots and know that she is accessing medical files to assess a "person's fitness to perform." It's illegal and unethical but they may see it as protecting themselves and their patients.

They won't continue to see it that way after the OP sues the pants off of them!!! She should nail them to the wall as a message to all medical facilities who think that this is just quality control measure and not an egregious ethical and legal violation.

I also don't believe that EAP is confidential like they say it is either. In fact, there is a member here who said that he/she went to EAP and then found out his/her manager or someone higher up knew about it when they never told anyone.

An interesting story at face value.

No one else here questions the odds of a non-clinical employee in HR having access to the EHR, in a hospital with sufficient security systems functioning well enough to have documented that a patient record has been accessed?

[nurseprnRN, BSN, RN]

Wow- this was an egregious violation of the law.

Sounds like you will never work there, but they may end up having to pay you.

Fines for HIPAA violation are not paid to the patient. You can look it up.

[imenid37]

There are nosey people working in backward small town hospitals who review the census every night just to have something to gossip about. I saw this nearly every night during one 13 week contract.

YES. This is the first thing I thought of. I wondered if it was my former employer. They are definitely capable of doing this sort of thing. I would complain. If the are JC accredited, Call them too. Why not have the whole gang of regulatory agencies involved? In 2015, this should not be happening.