Terminated for HIPAA Violation - Difficulty Getting Another Job

[Nurse Beth, MSN]

Dear Nurse Beth,

I was terminated for HIPAA violation. I did not do this, I was performing the pre-procedure time out and following a procedure time out form by my employer. The patient was upset that when I gave the diagnosis, I included Hepatitis C, as the Dr was going to insert a probe in his mouth . The unemployment branch of KY ruled it was not a HIPAA violation. I have consulted with 2 HIPAA experts and they have written letters indicating I did not violate HIPAA. I still can not get full time employment. I have 36 years experience in the Cardiac Cath lab. I have obtained my BSN , what can I do to make myself employable? All job applications are online and I feel if I could talk to someone and explain the situation maybe that would help.

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Dear Terminated,

This doesn't sound like a valid Health Information Portability and Accountability Act (HIPAA) violation.

The privacy portion of the HIPAA act stipulates that it's allowable to share protected health information (PHI) for the sake of treatment, but some facilities are ultra careful and even overly reactive about this. Unfortunately, the patient took umbrage, and the situation escalated.

I am curious, though. By stating that the patient had Hep C, was your intention for the team members to do anything differently than they normally would do? In other words, if they were already gloved/gowned/goggled, what would they do differently? Or was your rationale just that they should have this information for their own protection?

Regardless, your situation now is that you were terminated, but you do have 36 years of experience. People do get fired and go on to get other jobs. If an application asks if you were ever terminated, you would have to put Yes” but during the interview you could say it was a patient complaint, you had never had one before, and it was a one time aberrancy. Then move on to talk about your skills, loyalty, and experience.

Previous References When Fired

Your previous employer, if called for a reference, is most likely only going to give the dates of employment, and whether or not you are eligible for rehire, without divulging details. Employers are conservative and cautious about what they reveal about ex-employees, because of liability. They don't want to be sued because someone didn't get a job.

It's unlikely that the employers you are applying to know about the (alleged) HIPAA violation. The problem is to figure out why you cannot get a job. Could it be that your resume needs a tune-up?

You also want to network. Contact people you know in the business and let them know you are looking for a job.

So sorry this happened to you, and best of luck. Hope you land your next job real soon.

Nurse Beth

[JayHanig]

Having been fired before, I can tell you that your past employer isn't going to tell the future employer that you were terminated. As Beth said, all they're likely to give out are your dates of employment, your job title, and your pay. It's up to you to come up with why you need a new job, whether you choose the truth, or a less accurate reason for departure from your past position.

Frankly, I think only a moron would tell the new hospital the truth in your situation. You essentially got screwed out of your job if what you've told us is the whole truth and nothing but the truth. But why open that can of worms with a new manager? Tell them you want to work a particular shift and that there were no openings at your old job with those hours... family obligations make the change an imperative. Your new manager won't know what shift you worked at your old job unless you tell them... so you can continue to actually work the same shift. Just keep your war stories to yourself. The less said, the better.

I believe there are enough ways to get screwed in nursing without handing somebody the axe. Remember that losing your job isn't all bad; it also allows you to lose your history. Every screw up you ever made in the past: wiped right off the chart. Just make it a point not to make the same mistakes again. This is a second chance... don't blow it.

[CrunchRN, ADN, RN]

I am shocked they fired you for this. Was your being high on the pay scale a factor?

[rockdmag]

In performing the time out , I was using the procedure safety tool by the hospital performance improvement committee, listed the diagnosis and precautions. This patient was very fragile, and this particular Dr. passes the TEE probe, then takes off his gloves, yet will touch the echo machine, his clothes, talk on his cell phone, then move the probe back and forth bare handed. it is my duty to protect my patient, to reduce chance for further introduction of infection, as well as encourage the physician to keep his gloves on.. IN Louisville, KY, all hospitals belong to this "consortium" that they tell all local hospitals why terminated. It is frustrating to follow the rules, as set forth by employer, using their form during the time out and to get terminated. I am fighting to clear my name and will be going to trial soon, but I really would just be able to go back to work for the next 4 years then I will retire.

[JayHanig]

You know, it's stuff like that black list that make me so glad I'm out of this now. And once you're no longer trying to get or keep a job, it's very liberating. Feel free to point out the nasty staffing secrets on newspaper forums, etc. Just make sure that you only report what you KNOW to be true, so any potential blowback gets splashed on them rather than you.

In your case, all I can do is advise you to move or seek a position in a doctor's office... preferably with a doctor who understands you got shafted by the hospital and knows you to be a good worker. Even a PA's office is potentially a job. Just think, four more years and you can leave all this corruption behind.