Terminated for HIPAA Violation - What Will Happen Now?

[Lorie Brown RN, MN, JD]

Yesterday I was terminated from my job for a HIPAA violation. Basically I looked in the chart of a patient that a CPR was called overhead for as I worked in ICU and was up for admission so it was likely this patient would come to me. This is something I have seen many others do as well. After the pt did not come to my unit I re-opened the chart just to see what the outcome had been (stupid move on my part I know, and I guess in my mind I figured I had already been in the chart once so what did it matter?) Anyways the patient did not survive and it ended up becoming a sentinel event due to circumstances I was not initially aware of). The hospital of course audited this patient’s chart and began investigating anyone who accessed the chart (myself included). I knew they were meeting yesterday and was a wreck at work all day. After my shift, I was called to go to HR where they terminated my employment for violation of HIPAA regulations. My previous employer said they would not disclose that information to potential future employers, but that they were required to report it to the State Board. What can I expect to happen? This is my first offense, and I have a spotless license up until now. Will I lose my license over this? Is it even worth it to start looking for jobs right away? or should I be waiting to hear from the BON?

Dear Terminated,

I am sorry this is happening to you. Unfortunately, hospitals have a zero tolerance for HIPAA violations because the stakes are so high with fines and sanctions against the hospital. Is your address correct before the Board? If so, you can expect to receive a letter in the mail. If not, correct it. I would suggest you hire an attorney to help you respond. You can find one on TAANA.org if you would like a nurse attorney. Just make sure your attorney has extensive experience with these types of matters.

I wish you the best,

Lorie

[JKL33]

They have even more zero tolerance when they need to neutralize someone who inadvertently found out about their sentinel event...

Good advice. Hope the poster has found an attorney.

[Forest2]

You were preparing for a possible admission, so I can't see the harm it in. BUT, hospitals don't see it that way. They only care about the letter of the law, not the spirit of the law. Sounds like they were ultra sensitive as well because of something that happened that didn't have anything to do with you. They are covering their butts.

Sure, I would job hunt, lawyer hunt too. You may not hear from the BON for months. Just disclose the incident to potential employers at interviews. Better reheorifice that one. good luck, nursing is so dang tricky these days.

[Sassy-RN]

Don’t do it- EVER!

An overhead page for CPR is no guarantee they an admission is coming to you. Not an excuse.