Question regarding a HIPAA violation...

Published

Just a quick question...After an in depth investigation it was found that my Health records were accessed by an employee who did NOT have any right to be on them. It was verified by the Hospital. Do I need to report the violation to anyone else or will the hospital. It appears as if the employee is still working there.

Up Vote Up Vote ×
Specializes in home health, dialysis, others.

This is a prosecutable offense. Find out what the HOSPITAL is going to do. Get your own lawyer, as well.

Up Vote Up Vote ×

The hospital claims the employee was disciplined, but won't go into detail due to the employee's privacy (which I understand).

Up Vote Up Vote ×
Specializes in PACU, ED.

I don't know if the hospital would notify the government. You certainly have the right to do so. That's a right and personal decision that you need to make.

I know my company takes confidentiality very seriously. I have heard of several cases where people were fired, no cases where people received warning/reprimand.

Up Vote Up Vote ×

What about the BON? Will the hospital notify them? I feel as if the nurse violated my rights, and I am probably not the only one this has been done to. I still cannot fathom why the nurse wasn't outright fired. I asked and the reply was, "my hands are tied" but the privacy officer did state over and over again that it was def. a huge Hipaa violation. Almost sounds like he wanted me to get an attorney as crazy as that sounds.

Up Vote Up Vote ×

Here is a link on How to File a Patient Safety Confidentiality Complaint or HIPAA violation thru the Dept. of Health and Human Services.

Up Vote Up Vote ×
Specializes in PACU, ED.

I can't speak for the hospital. I don't know what they've done or what they will do.

Up Vote Up Vote ×
Specializes in Med/Surg, Ortho, ASC.

This is a huge issue for your employer. I'm having a hard time understanding the privacy officer and his "tied" hands.

I agree with the other poster...I have never seen any type of "discipline" that did not involve outright firing.

Please use the link someone provided you to file a complaint. It's entirely possible that the hospital's hands will become "untied" very quickly when they are required to prove that they took appropriate action in this case.

Up Vote Up Vote ×
Specializes in ob/gyn med /surg.

i would file a complaint and get a lawyer .. how did you find out ?? i would be soo mad.. i'd be knocking on that CEO's doorstep .... grrrrrrrrrr !! please keep us posted on how you are doing !!

Up Vote Up Vote ×

It is just obscene that you should have to file a lawyer...but, I think that it's the only way that you will get to the bottom-and that the individual will be stopped.

Up Vote Up Vote ×

Yes, it is so crazy! I will get to the bottom of this.

Up Vote Up Vote ×

deleted post

Up Vote Up Vote ×
+ Add a Comment