question about privacy

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I was wondering if anyone could answer a question regarding privacy regulations. I was a patient at Banner Health in Arizona and an in-law, who is an RN looked up all my medical information without my permission. My husband and I had a miscarriage and she spread around the family that my ultrasound read "hemmoraging" and so I didn't have any miscarriage, then she proceeded to tell about all of my medical problems. Is there a way I can report this and put some kind of lock on my medical chart? My husband and I are trying to have a child and I feel violated. Thanks for anyone's help.

Pearl

If she did look in the file, then she did violate HIPAA and could risk major penalties. But first, be certain that is what actually happened. Please be sure that you know "the facts" before making an accusation.

It's pretty obvious what the facts are, if the family found out without Pearl saying anything. And how else would the family know that she had hemorrhaged?

That said, Pearl, if your in-law is an RN with any brains at all, she should know that hemorrhaging is often a complication of childbirth and miscarriages. Shame on her for saying that you and your DH lied. Whether or not you and your DH decide to pursue this, yes it is possible to have a block placed on your chart. When you are in the hospital you would be given a false name, and if anyone tried to call asking for you they would be told "We have no one by that name."

Unless your DH is adamant about not making waves in the family, I would report this. If she breached your privacy, chances are she's breached the privacy of other people she knows.

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Specializes in Flight, ER, Transport, ICU/Critical Care.

You MUST report this...this is a civil and CRIMINAL violation. Start with Banner Health's own Privacy Notice - follow the contact at the end and DO NOT report to their own compliance officer as your first contact.

First, get all your dates/facts/persons involved in writing - do a "timeline" for your records. Report to the state/federal officer as outlined in their written policy. You may need a lawyer - because you can and should recover "damages" for the terrible injustice that you suffered.

I am so sorry for your loss and the further emotional distress that you had to endure. I pray for you to have strength and hope the best for you in this terrible situation.

You were so violated!

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Thank you everyone for all of your help. I am going to take action. I appreciate all of your kind condolences and sound advice.

Pearl :rolleyes:

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Update: Banner Thunderbird said they "disaplined her" and that I shouldn't worry. She won't do it again and if she does she will be terminated. It looks like I won't be going to that hopital or any Banner hospital for that matter. I don't feel like my confidentiality will be safe. Thanks again to everyone for your support and advice. Take care.

Pearl

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Specializes in Med/Surg, ICU, educator.
If she breached your privacy, chances are she's breached the privacy of other people she knows.

My thoughts exactly. If she'd do it to a family member, she'd do it to a friend, neighbor, or even a complete stranger in a heartbeat. Some people....Ugghhh :uhoh3:

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Specializes in Med/Surg, ICU, educator.
Update: Banner Thunderbird said they "disaplined her" and that I shouldn't worry. She won't do it again and if she does she will be terminated. It looks like I won't be going to that hopital or any Banner hospital for that matter. I don't feel like my confidentiality will be safe. Thanks again to everyone for your support and advice. Take care.

Pearl

At the risk of sounding very mean, I will say to go further up the chain with this complaint; they probably gave her a talking-to, and that's to be the end of it. I think you should take it higher to get the message out to her (and her coworkers who may also engage in this practice) that this behavior will not be tolerated. Sorry, I'm a big time privacy freak at work, drives me nuts when I hear others talking about this or that, etc., about a pt that really isn't anyone's business

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StrongWilled:

I have been trying to figure out who is higher up to contact in Banner Health. I feel like all she got was a slap on the hand. One of the people I spoke with repremanded me for contacting other people besides her! She said " I would appreciate it if you would stop calling other people regarding this matter. It has been dealt with and it is causing problems, because it keeps being reopened." I informed the women, a rep. for Hipaa at Banner Thunderbird that I had informed those people that my sister-in-law was disaplined. I feel like getting a lawyer and suing them. I worked in a hospital for 12 years and they fired a worker for just looking up someone's address. Thanks for your support, it really helps to have someone to talk to.

Pearl

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StrongWilled:

I have been trying to figure out who is higher up to contact in Banner Health. I feel like all she got was a slap on the hand. One of the people I spoke with repremanded me for contacting other people besides her! She said " I would appreciate it if you would stop calling other people regarding this matter. It has been dealt with and it is causing problems, because it keeps being reopened." I informed the women, a rep. for Hipaa at Banner Thunderbird that I had informed those people that my sister-in-law was disaplined. I feel like getting a lawyer and suing them. I worked in a hospital for 12 years and they fired a worker for just looking up someone's address. Thanks for your support, it really helps to have someone to talk to.

Pearl

Again, this is not just an internal matter at the hospital, it is a serious violation of Federal law. You are perfectly within your rights to report the intentional HIPAA violation to the Feds. They take a v. dim view of this sort of thing ...

If you do report this to the Feds, I would be sure to include the information that you initially reported this to the hospital and their response was a "slap on the wrist" of the RN involved (and telling you to quit complaining about it!)

Frankly, I'm surprised the hospital didn't fire her. She must have "friends in high places." You still also have the option of reporting her to the state BON and the entire situation to the state (hospital) licensing agency. If I were in the same situation, I would report to all three (Feds, BON, state licensing agency) and let the chips fall where they may. But, again, that's a v. personal decision that only you can make for yourself.

And, yes, you do have the option of suing. However, it would be easier and cheaper for you to let the various regulatory agencies (HIPAA, BON, state licensing agencies) do what your tax dollars are already paying them to do :) (investigate the situation) and see how that turns out before you get personally involved in a lawsuit.

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