Published
Do you take home your worksheet with information on it from your shift in case someone has questions or you forget to chart something you have your facts with you? The hospital I used to work for told us to do this. I was fired from my new job for doing this after being on the floor for two days! They said I breached confidentiality.
I wanted to do this as a poll but I did not get the prompts to fill in so I do not know how to do it LOL.
I thought I would move this topic to general discussion but I do not know how to move a thread either LOL.
renerian:eek:
So sorry about yr experience, Renerian:
Two points:
1. A HIPAA violation only occurs if confidential information gets into the hands of someone who does not have a "need to know' in order to provide some aspect of care and IF the patient or representative complains.
The act requires the facility to educate staff, to monitor confidential practices and to enforce them to reduce the potential for violations.
The facility did not provide you with appropriate storage (and they absolutely know that nurses keep notes for at least a few days).
I have been reading odd articles (sorry, no recall of exact issues) about overinterpretation of HIPAA by those who actually helped to write it. I am sure you could find this on the Internet eventually. NurseWeek in CA ran an article for CEUs on this subject recently.
2. I work in independent home care and have been very, very concerned to get appropriately educated re HIPAA.
I understand that, as I have to have original documents to support my billing, I may transport these in a locked briefcase or locked 'glove box' in my care and store them in a locked file in a place of my choosing, including my home. I also have to file a copy of insurance docs. sent to my home in the client's home - these too have to be transported to and from.
I do not see that what you did was very different from the above, except for the question of 'locked' transportation which was not addressed.
I paid for legal advice on these issues, but no lawyer I could get hold of seems to really understand HIPAA.
2. When working in a facility (I had a locker, which seems to be an issue here) I used a largish spiral notebook in which to record anything unusual as a previous poster mentioned. It helped clear the air a few times. I would actually stay and write before leaving if anything was troubling me and it helped me leave the bad stuff behind.
If your notes are anonymously kept (reverse the room number or design a simple code for yourself) I do not believe that there can be an issue from a facility about what you do with it. Non-identifiable information is used all the time in research. After all, lab results are faxed all over the place with incredible amounts of info. on them with a simple disclaimer at the end of the sheet.
Sounds to me as if someone (probably not medical) is on a power trip.
I wish you a better working environment in the new facility.
Rapheal
814 Posts
renarian,
I just read this thread today. How awful! I am so sorry this happened to you. I have the luxury of 2 lockers. One I keep my tools in, the other my worksheets. I am only working one day a week at the hospital now. I keep my worksheets just in case I get questioned or heaven forbid have to go to court regarding a patient.
I truly understand the need for confidentiality and the reasons we have so many rules but sometimes it seems that nurses are not allowed to be human at all. What was the point of firing you? Obviously if they would just have educated you to their policy you would not have done this again. Such a waste of time and talent. I am sure you are off to bigger and better things but I still am sorry this happened to you.