Student HIPAA violation question

Nurses HIPAA

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  1. Should I be pulled from my site?

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In my externship at a large clinic. I needed to have my immunizations up-to-date. I was told my MMR was not and could not be found anywhere in the registry. I had my blood drawn at another clinic to see if I was immune. They called and said I was immune to Measles and Mumps, but not Rubella. I got two phone calls from the clinic and one stated my partial immunity and the other wanting me to call the clinic back. I did not know why. By this time, the clinic was closed for the day.

The next day I looked up my own chart at my externship site to see what it said. I needed to get the information to my school so they had it on file or I knew I could be pulled from my externship site.

If I was indeed immune to Rubella, I knew I didn't need to get any further testing or blood draws, as I had an appt. made for an MMR injection with my pcp that same day. I would then just need to request a copy of it for my school.

It said I was not immune so I figured I needed the MMR injection. I did not look around in the chart for anything else. Just to find out this information, nor did I share the information with anyone or share anyone else's I have access to. I did not know I should not have looked up my own. I mentioned to my pcp's CMA at the injection appt. (this was after I had looked in the chart earlier that day) that I could just look up the info myself once my results were in and she said, "No. Don't ever do that!" I am scared the clinic will file a complaint and I will be fined. Is this a violation if I didn't know?

I have a sinking feeling I will be looking for a new degree. Is this violation something that will keep me from getting hired anywhere in the medical field now? Help. I feel like I have let myself down and my whole family down. All that schooling was for nothing if I get pulled and don't get the degree. Not to mention, will still have to pay for it.

Specializes in MCH,NICU,NNsy,Educ,Village Nursing.

I access my own records via a website my pcp and the hospital she is affiliated with has for such a thing. I did have to fill out a "permission" form, so to speak, but I can easily type in the web address and read provider letters, lab values , and other test results. I agree with others that it wasn't HIPAA that you violated, but may have been an agency policy instead. Your chart is your chart. What does the agency policy say about accessing your own records? Hang in there---no need to think you have to change careers....

Specializes in Pedi.
Actually there are some hospitals now where you can access your labwork and results of othtre tests right on the internet.

I usually know my lab results before my doctor every contacts me with them because of the online portal I use. Actually, since certain labs are available in real time- the last time I was in the hospital, I was checking the results and knew them before the nurses and the doctors in the ICU. :)

Specializes in Pedi.
Actually it is a HIPAA violation. You are not allowed to view your own chart by yourself. If you want to view your chart it has to be witnessed and if I recall it has to be two witnesses. You also have to put it in writing that you would like to view you chart and it is not so much you viewing it is such the major issue its to ensure you don't take anything out of the chart that is in there for instance if you didn't like what a pcp wrote in one of his progress note. You are a regular patient there. And if you want to get technical you are not supposed to view any chart that is not directly related to your tasks at hand. I have seen people take out charts and just start reading them and they had no business or medical need to read them. They are LEGAL documents people.

False. I have operative reports, clinic notes, pathology reports, MRI slides and MRI reports dating all the way back to 2002 in my possession. Never once did I have to view these in the presence of ANY witnesses. Patients have the right to their own records. Certain facilities may have policies that if a patient wants to look at their chart right then and there, that is has to be in the presence of a staff member, but this is not a HIPAA requirement. By signing a release in medical records, you can get copies of all of this sent to you- to keep.

Specializes in mental health, Alzheimer, dementia,.

Sorry I am just stating what I have been taught and maybe it isn't a HIPAA violation but the only reason that it stuck with me is because it was a test question that was pretty much that scenario and I had got it wrong because I didnt see the harm in it either and that is when my professor broke everything down for me.

Sorry I am just stating what I have been taught and maybe it isn't a HIPAA violation but the only reason that it stuck with me is because it was a test question that was pretty much that scenario and I had got it wrong because I didnt see the harm in it either and that is when my professor broke everything down for me.

I'm surprised a school is teaching that. HIPAA is not just about protecting personal health information from unauthorized disclosure; it's also about protecting a patient's right to access health records. Maybe you can guide your professor to this website: For Consumers

Specializes in mental health, Alzheimer, dementia,.

Thanks for the tip MarieBailey I will tell her

Specializes in Urology, ENT.
I'm surprised a school is teaching that. HIPAA is not just about protecting personal health information from unauthorized disclosure; it's also about protecting a patient's right to access health records. Maybe you can guide your professor to this website: For Consumers

They tell us that to instill the fear of God in us. I mean, I guess it works, but then you get out into the real world, and then, "Oh. Okay. Well good to know."

Specializes in Oncology; medical specialty website.

I can't believe there was someone heartless enough to vote "Yes."

Specializes in ED.
Actually it is a HIPAA violation. You are not allowed to view your own chart by yourself. If you want to view your chart it has to be witnessed and if I recall it has to be two witnesses. You also have to put it in writing that you would like to view you chart and it is not so much you viewing it is such the major issue its to ensure you don't take anything out of the chart that is in there for instance if you didn't like what a pcp wrote in one of his progress note. You are a regular patient there. And if you want to get technical you are not supposed to view any chart that is not directly related to your tasks at hand. I have seen people take out charts and just start reading them and they had no business or medical need to read them. They are LEGAL documents people.

This post is 100% inaccurate. You have a right to your own information under HIPAA and there is no witness requirement to obtain it. Further, doubt a student nurse is even covered under HIPAA. It is, at most, a violation of hospital policy (and it would stupid and arbitrary policy at that).

Specializes in Emergency Room, Trauma ICU.

It's my understanding that while you are entitled to your medical records its only under the right circumstances like filling out a release for medical records or using a patient access portal. Every hospital I've been at has explicitly said we are not allowed to look at our records, we need to fill out a medical records release, like all patients.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
It's my understanding that while you are entitled to your medical records its only under the right circumstances like filling out a release for medical records or using a patient access portal. Every hospital I've been at has explicitly said we are not allowed to look at our records, we need to fill out a medical records release, like all patients.
right.....but that is a hospital policy violation NOT a HIPAA violation. Hospitals use term "HIPAA" freely and use it to scare everyone like the boogeyman is used to scare little children
Specializes in Ante-Intra-Postpartum, Post Gyne.

It is a HIPAA violation (in some facilities) to look up your own records, you have a right to your medical records but you do not own them; it sure if that would keep you from getting a job though

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