Possible termination for HIPAA violations

Nurses HIPAA

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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

After you have done all the above, pray and ask God to lay his hands upon the hearts of the panel that will make the final decision. God can do everything BUT fail. Be blessed.

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Specializes in HH, Peds, Rehab, Clinical.
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.

No, her scanning over charts for whatever reason when she had no business in them is NOT the same as blabbing about someone's surgery/illness/diagnosis/etc in the cafeteria, but in the eyes of HIPAA, it is just as bad. It doesn't matter how anyone personally feels about it, it is federal law and it is absolute.

My Mom did transcribing from home for a major health corporation here. She knew more than one MT who peeked into a chart that they weren't transcribing for, and random auditing caught them. They were terminated immediately and escorted out of the building, no excuse accepted because there IS. NO. REASON to be in those charts.

As someone else pointed out, ignorance is not a reason for not knowing the law that covers this....

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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.

You can not continue your education by violating federal law. I am sorry the OP had to learn the hard way but it is what it is. I have learned something that I have to be cognizant of in my own clinicals. You may see it in print, hear it over and over again but for some us it just does not register until we run head on into it.

OP I hope things work out for you. Peace...

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Oh no, this is just heartbreaking to read! Magnolia619, I really do hope things work themselves out for you. Even if you lose this job, it's not the end of the world! I don't know anything about HIPAA at all (I am from Canada), is it possible to find work after violation?

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There were only 2 RNs out of like 30 people in general orientation for my hospital, but they still made it VERY clear that they audit charts and you WILL be terminated for accessing information on pts that are not under your care. I'm feel sorry for the OP and having to learn this the hard way :( Pray for strength and guidance during this difficult time!

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In nursing school we are learning about so called "Hipaa police" that literally watch people in cafeteria/break rooms and snoop nurses etc. it's b/c hospitals do not want to pay big bucks for a Hipaa violation. It's 5,000$ per incident (each time u look at the same chart). It decreases the rating of the hospital. Def not worth i.

I hope this does my get reported to the nursing board and it all works out for you.

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Specializes in ICU.

OP, Im so sorry about this. Also while on the topic, in our health system we are not allowed to even check our own chart/ results. They tell us the chart is owned by the employer even if its my information. For me to get info, I have to go to health information department and request it the legal way. So be careful if you get you care in the same system where you work and learn the policy, sorry it's such a hard lesson.

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Believe me. I have learned my lesson. I need no more scorning. I am asking for guidance through this difficult time for me. All I hear is the worse case scenario and that's all that plays through my head. We were about to start a family and now I'm scared I won't be able to work, pay bills, or gather enough respect for myself to even smile. I am deeply sorry for all of this and I just want thoughts about what to expect or do from here on out. I feel like everything is closing in around me.

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Specializes in LTC.

I feel for you. We had a similar situation at my facility and the person only got three days suspension. Maybe they won't be so harsh on you since you're a new nurse. I'll say a prayer for you.

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

I'd say be prepared for the worst (termination, report to HHS, & a report sent to the BoN). If you are terminated for cause you won't be eligible for unemployment.

Depending on the number of charts you accessed and what the audit trail shows (they can track every click on a medical record so they already know exactly what you accessed and when you accessed it). There is the possibility of counseling & unpaid suspension as punishment. Perhaps even limitation on your access to medical records and requiring you to work with a preceptor.

Going forward--write up your own plan of action of how to improve, familiarize yourself with HIPAA, be prepared for the worst (termination), and consider calling NSO or another company and avail yourself of professional liability/malpractice insurance (for ~$100/yr not only would you be covered for malpractice/liability but also for license defense if ever reported to the board of nursing but with NSO you also have the additional HIPAA violation coverage I quoted above). If terminated you will likely be marked ineligible for rehire.

You cannot change what already occurred. You need to learn from your errors in judgement, and move forward. Aside from reviewing the HHS website regarding HIPAA and looking into possibly getting insurance, there is not much you can do right now until you hear back from HR/management.

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I'm sorry, I wish it all works out for you. Try to explain to your employer that it was a huge mistake that happened unknowingly. We are only human. I don't have much advise as I'm still a nursing student. Keep your thoughts postive.

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Specializes in NICU, Peds..

Remember, are you looking at patient info on a need to know basis? Sorry to hear about your stress with this

issue. Hope all works out for you.

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