Possible termination for HIPAA violations

[Magnolia619]

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

[Rob72, ASN, RN]

Which one, the original, "Health Insurance Privacy and Portability Act", or the(we decided it was more PC), "Health Insurance Portability and Accountability Act"?

Feces is feces, by any other name.

Edit: I was at Centennial Med when the "Discussion" was going on, I have some basis for HIPPA/HIPAA interchengeability.

[BuckyBadgerRN, ASN, RN]

Which one, the original, "Health Insurance Privacy and Portability Act", or the(we decided it was more PC), "Health Insurance Privacy and Accountability Act"?

Feces is feces, by any other name.

The one that governs us today =) I remember it the "old" way too, LOL

[Purple_Scrubs, BSN, RN]

OP, I'm glad you are not being terminated. I agree with rn/writer and others who have said that yes, it was a HIPAA violation, but no, it was not malicious and it was an honest mistake.

Perhaps you could offer to put together a handout or presentation on HIPAA for your co-workers as "penance". I am sure management would appreciate the effort to learn from your experience and help keep others from making the same mistake.

[MomRN0913]

This thread should serve as an eye-opener to all reading it (or at least a real-life reminder of the consequences to our actions). I know many stated she 'meant no harm' by her actions. Think of all the med errors, Pt falls and other reportable accidents/errors. Most of them are not done with malicious intent. Just wanted to remind you all of this.

It's a tough lesson. Fortunately you've been given a second chance. If you wouldn't mind sharing with us what you're told on Monday, I think it would be great advice for all who are following the thread.

I am very happy you still have your job. I am afraid we lose good nurses because there is no mediation these days or second chances in the field. I don't understand what is happening in Nursing.

I can understand where you didn't know. Completely. It was innocent.

It's a mistake. We are humans and make mistakes. In many other fields you cna make such a mistake and not lose your job over it. no one was harmed and that's most important of them all.

Even if it was a med error with no malicious intent or negligence, mediation, not termination should be intitiated.

Sorry for the mini rant.

[mayesntn]

whatever became of this issue

[Esme12, ASN, BSN, RN]

Thanks to all of you who gave me constructive criticism, prayers, and further USEFUL information. I got a call today that I'm not being terminated. Instead I just have a meeting with them Monday to talk about it and how we can change it. I completely told them the truth and informed them I would do ANYTHING to help me and others in the future. They understood me and know the type of person and nurse I am. I am just grateful that they see me as a nurse that they still want on their team. Yes I did learn all of this the hard way. Just as a poster said before sometimes things might not stick when you are handed a sheet or told in general conversation... Sometimes you practically have to run into it to make it make sense and stick. Believe me IT IS STUCK!!! I will do everything in my power to continue to give the best care I can, smile at everyone I come into contact with, and bring reading material. :-) again thanks to all for the comments that were of use... Some gave it to me head on but still with care, some gave it nicely to try to make me feel better, and others well... Didn't leave me with anything to remember but to wonder if they ever made a mistake in their life, because guess what... I'm human and I learned.

The answer was in the thread......This is the result.

[nurseprnRN, BSN, RN]

Hey, Esme, put it on your calendar to give it a bump every year or so! Useful to all concerned. Maybe put it on the Student forum.

[brai9284rn]

I don't know if it is different at my hospital compared to others. But if we are busy, and somebody offers to give meds to someone or change a dressing or something for another nurse; sometimes we have to look in the computer chart. We will open up the chart and see what meds they are able to have or what kind of materials you need for the dressing. Is this any different than "peeking" at the chart. Technically, it is not your patient, but you are providing care for them. Any thoughts?

[Inori, BSN, RN]

becareful what and how much detail you post here because nurses (your coworkers) also frequent this site and anyone with a passing knowledge of situation would be able to identify you. get a good book, NSO malpractice insurance, Good luck

[rn/writer, RN]

If you were asked to assist or cover for another nurse and you looked up information for that purpose you should sign the chart and also note what you did. This covers you by showing that you had a legitimate reason for accessing the patient's information. Even so, I wouldn't go tip-toeing through the tulips. I'd stick to the areas that pertain to the current need or assignment (pain orders, dressing description, etc.) and leave the rest alone.

[anothergrumpyoldRN]

Funny how some hospitals take HIPAA very seriously, and some apparently thumb their noses at it.

I looked at a thread in this group where a hospital requires their hospice staff to report patient/family information to the local law enforcement at time of death. But apparently yours will fire you for even accessing the data (which IS a violation as others have pointed out), even though reviewing interesting cases can be a good learning tool.

[krisiepoo]

you're so very lucky, I'm glad you got out of this with no damage... a whole slew of nurses were fired recently for doing just this thing.