Possible termination for HIPAA violations

Nurses HIPAA

Published

I am a young nurse that has only been practicing for 1 1/2 years. I love my job as a nurse, and I just got my dream job at a hospital I have always wanted to work at. I have been there for 4 months and I was called into HR for a meeting. They asked me why my name was on patient's computer charts that I did not take care of. They informed me that was a HIPAA violation. I was completely devastated as I thought HIPAA violations were more like wrongly giving information out, obtaining info to use against someone, or copying information and taking it with you. Those kind of things were what I thought of when I thought of HIPAA. I didn't look at charts to find someone I knew or anything like that. I am a night nurse and I would just browse during downtime. I couldn't tell anyone the first thing about what was going on with any of the patients. I was just ignorant and didn't realize that I was violating something. They are talking about termination. What can I do to learn from this? To save my name? To save my license? What happens after termination, if that's what they decide.

Thanks for your time,

Desperately needing guidance,

J

Up Vote Up Vote ×

I know now that I have done wrong. I wish I would have known before all this. I have not been able to eat, drink much, or function normally. I am heartbroken that I could lose my job and my respect. Please help me understand what happens next. I am sorry for it all and I would do anything to make it better.

Up Vote Up Vote ×

I'm currently in nursing school... we were taught about the minimum necessary information rule. You only need to know the minimum information about the pt to provide care, but you weren't technically taking care of those pts, so technically you should not have been "browsing" their charts. To me, that's no different then going in the lunch room and talking about said pts.

Please view: the hhs.gov website. Also, we were taught there are fines and possible imprisonment involved. Don't get too worked up until you know for sure what the outcome is going to be.

Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.
I am a young nurse that has only been practicing for 1 1/2 years. I love my job as a nurse, and I just got my dream job at a hospital I have always wanted to work at. I have been there for 4 months and I was called into HR for a meeting. They asked me why my name was on patients computer charts that I did not take care of. They informed me that was a HIPAA violation. I was completely devastated as I thought HIPAA violations were more like wrongly giving information out, obtaining info to use against someone, or copying information and taking it with you. Those kind of things were what I thought of when I thought of HIPAA. I didn't look at charts to find someone I knew or anything like that. I am a night nurse and I would just browse during downtime. I couldn't tell anyone the first thing about what was going on with any of the patients. I was just ignorant and didn't realize that I was violating something. They are talking about termination. What can I do to learn from this? To save my name? To save my license? What happens after termination, if that's what they decide.

Thanks for your time,

Desperately needing guidance,

J

Um yeah. If you are not directly caring for those patients, you have NO business being in their charts. That really should have been covered during your HIPAA portion of orientation, but even beyond that, SOMEWHERE along your education/clinicals/work experience you should have been aware of this.

There have been some very high-profile nursing dismissals over this very thing, 4 nurses at U of Iowa were fired for accessing charts of football players that they did not treat.

Definately a firable offense, not saying your facility will do so. I really don't know as far as licensure though.

Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.
I'm currently in nursing school... we were taught about the minimum necessary information rule. You only need to know the minimum information about the pt to provide care, but you weren't technically taking care to those pts, so technically you should not have been "browsing" their charts. To me, that's no different then going in the lunch room and talking about said pts.

Yes, but by the letter of HIPAA, non-treating staff do not belong in patients charts. Even if she didn't tell anyone what she read, it is still a violation. Why do you think facilities police such things? This is how the OP got "caught"--random auditing it looks like.

I feel for the OP, but honestly how can an RN not know this?

Up Vote Up Vote ×

Thank you Colleen, I was trying to get that.

Up Vote Up Vote ×

I know I probably heard it somewhere but as I said I thought of HIPAA as sharing information. Ignorance on my part I know. My hospital orientation what more general, for everyone from food servers to cleaning crew to nurses to aides. It didn't have a verbal session about it, and from what paper work I had it wasn't on there. Not saying what I did was right, but I definitely learned from it. Now what?

Up Vote Up Vote ×
Specializes in Complex pedi to LTC/SA & now a manager.

Yes this is an offense that is likely going to result in termination. I don't believe that it is reportable to the board of nursing (based upon what you describe) but it is possible. There is also the potential for fines, but only if it is reported to the governmental agencies as facilities are not empowered to fine their staff.

If you have personal malpractice/liability insurance, contact your carrier. NSO now has a rider as of late last year that will cover fines & costs to notify affected clients/patients. (If a violation is discovered the facility is supposed to formally notify affected patients/clients): "NEW - Information Privacy Coverage1 (HIPAA) - up to $25,000 aggregate:

  • Reimburses you, up to 25,000 aggregate, for costs to notify patients or clients of the violation of confidential personal information in compliance with privacy protection laws. It will also cover HIPAA fines and penalties you become legally obligated to pay.
    1Effective for current insureds at renewal and new policy holders beginning November 1, 2010." (Source: http://www.nso.com/professional-liability-insurance/benefits.jsp )


Up Vote Up Vote ×
Specializes in Complex pedi to LTC/SA & now a manager.

Oh and HIPAA doesn't only pertain to the sharing of protected health information but access to protected health information as you now know. That is why it is stressed that you only are to access information on patients/clients who you are actively participating in care/treatment.

Simply obtaining (accessing) protected health information can be a criminal offense with fines up to $50,000. "Criminal Penalties. A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm. The Department of Justice is responsible for criminal prosecutions under the Privacy Rule."

As for what to do now, it is likely your employer will terminate you in order to mitigate damages & avoid fines from the federal government as you illegally obtained protected health information. If you have malpractice/professional , notify your carrier to see if you have coverage for HIPAA violations. Next, educate yourself about the law & requirements. Ignorance is not an excuse.

http://www.hhs.gov/ocr/privacy/index.html

Up Vote Up Vote ×
Specializes in LTC, Psych, Hospice.

As the other posters have mentioned, call your insurance carries NOW!! HIPAA isn't a joke and I'm sorry you are learning this the hard way. I still can't imagine going through your nursing program you didn't learn about this.

Even w/o HIPAA, we were told the first day of LPN school, that you only accessed a pts records if you were caring for them. Good luck!

Up Vote Up Vote ×

I remember talking to my homeowners/car insurance company about some kind of clause for nurses but I never bought any extra insurance. I am literally sicken by all of this. I have lost 15 lbs in a week. I don't know what to do now.

Up Vote Up Vote ×
I'm currently in nursing school... we were taught about the minimum necessary information rule. You only need to know the minimum information about the pt to provide care, but you weren't technically taking care of those pts, so technically you should not have been "browsing" their charts. To me, that's no different then going in the lunch room and talking about said pts.

Please view: the hhs.gov website. Also, we were taught there are fines and possible imprisonment involved. Don't get too worked up until you know for sure what the outcome is going to be.

I don't agree...it's not the same as talking about pts in the lunch room. Honestly, I don't see the big criminal offense in this. This is a new nurse, who was bored, trying to stay awake, perusing medical records. There was no ill intent, no maliciousness, she wasn't looking for anyone specific, and probably couldn't recall the names now anyhow!...and isn't this just another way of continuing her education? I mean, you see a pt has disease XXX and that leads to the following s/s and change in lab values. How is it different than when in nursing school and you make care plans? You're technically NOT the nurse responsible for care, yet you read every crumb the chart gives up. And, if you care for a patient and they're transferred to another unit, don't you ever want to check up on that patient? See what their outcome was? Did your efforts to save their life pay off? Of course, but under this way of thinking, that's a HIPAA violation.

Now, if she were perusing the local STD reports and looking for her ex-boyfriends new girlfriend, I can see the outrage, but this? not so much. Lesson learned, move on. Just my 2 cents...

Sorry, just read you're a nursing student...trust me, your views will change as you begin practicing. If you care now, you will learn you don't stop caring just because they left your unit.

Up Vote Up Vote ×
+ Add a Comment