Unbelievable

[FlyingScot]

I had to draw blood on one of the well-known doctors at my large facility. When I was finished I was trying to document only to find that the chart was locked because a nurse on another floor was in it. This nurse was not involved in the patient's care in any way, shape or form. I gave her the benefit of the doubt because sometimes the computer screen refreshes just as you click on a patient and causes the chart above or below your intended one to open. I waited a full 5 minutes for her to get out of the chart!!! At this point I'm thinking this was not one of those oops incidents. So my choices were

1. Call to the floor and speak with the nurse

2. Call the compliance line which most certainly would get her fired

3. Run to the manager and tattle

We have this "Committment to my Co-Workers" program thing going on and one of the things I had to agree to was to always talk to my co-workers first if I have a problem with them (which is my normal MO but I had a previous run-in with this same nurse over another issue[blowing on PICC line sites to dry the antiseptic] which turned out very badly when she accused me of threatening her physically which I absolutely did NOT do)

Not wanting to be accused of trying to get her fired I chose to call her and ask why she was in the patient's chart. Her answer to me was she saw him on the schedule and wanted to see what was going on. I told her it was an enormous HIPAA violation and that she could get in very deep trouble for this. Then she made some other lame excuses for being in the chart and hung up on me. As it turned out she ran to the manager (who is also my manager) with this tale of woe about me being mean to her and I am getting written up for unprofessional behavior!!!!!!

Seriously!!!!! She's the one who broke the law and I'm the unprofessional one? I could have anonymously gotten her fired but took the high road and this is what I get? It makes me want to go ahead and call the compliance line anyway. All it would take is a computer audit and she would be fired and lose her retirement. But I'm not into retaliation no matter how angry I am.

Am I out of line to be furious about this?

[Emergent, RN]

You might want to remind your hospital of this:

[TABLE=class: zebra, width: 100%]

[TR]

[TD]HIPAA violation is due to willful neglect and is not corrected[/TD]

[TD]$50,000 per violation, with an annual maximum of $1.5 million[/TD]

[TD]$50,000 per violation, with an annual maximum of $1.5 million[/TD]

[/TR]

[/TABLE]

HIPAA Violations and Enforcement

[nrsang97, BSN, RN]

I would definitely grieve the write up. I would also call the compliance line. I sometimes go into the EMR daily on a patient I have no direct care on, but I am rapid response so usually I am documenting an IV start, lab draw, rapid call, or doing my daily follow up sheet. Otherwise I am not in anyone's chart.

[amoLucia]

I'd be curious what the doctor-patient would think about someone snooping in his chart?!?

[toomuchbaloney]

Thanks guys, I needed a reality check to make sure I wasn't overreacting. Fortunately I am part of a union so I will be grieving the write-up. Still on the fence about the compliance line. I'm hoping my manager did the right thing and self-reported but I doubt it. The problem is if they do retaliate I'm not sure I have the financial means to fight it and in this market I also can't afford to lose my job.

Please get off the fence. You have an obligation to advocate for your patient(s). You must notify the appropriate department of flagrant disregard for the HIPAA laws relative to your patients. You tried the nice collegial route which was thrown in your face with ice water diluent.

Get off the fence. Protect your patient.

[morte, LPN, LVN]

actually you have no choice, you must report, or you are complicit with violation, and they

could cite you for that!

[Mulan]

Call the compliance line.

If you'd done that in the first place, you probably wouldn't have been written up for being mean to her.

[Ruas61, BSN, RN]

If it is all as you say, report her and all of them. They are unethical, unprofessional and criminal in their actions. Good luck.

[FlyingScot, RN]

"If you'd done that in the first place, you probably wouldn't have been written up for being mean to her."

You're right but we have a process we are supposed to follow. Had I known it was going to go down this way I would have. You have to remember that the consequences for this person would have been dire. Not a decision I took lightly. It's easy to think you would have done it differently but this woman would have not only lost her job she would have lost her retirement too.

[FlyingScot, RN]

In the end the responsibility was taken from my hands. When I met with my union rep the entire situation came out and she made the call in order to protect me and then my manager rescinded the write-up to protect herself. I won't ever know the outcome but I'm relieved that it's over. ?

[brandy1017, ASN, RN]

I'm surprised someone would be so bold first to violate HIPAA and then to try to twist things around. She must have the boss wrapped around her finger that she wasn't disciplined for this in the first place! People are fired over this all the time! Don't people know if you look up anyone's info there is a record of you doing this! You cannot anonymously look up someone's info! First it's none of your business, it's unethical and in fact illegal and can get you fired! Glad things worked out for you, that is a benefit of having an effective, viable union to keep things fair and above board!

[edmia, BSN, RN]

In the end the responsibility was taken from my hands. When I met with my union rep the entire situation came out and she made the call in order to protect me and then my manager rescinded the write-up to protect herself. I won't ever know the outcome but I'm relieved that it's over. ?

So so glad you have a union!

[dudette10, MSN, RN]

I am very happy that you were "cleared" and the other nurse was reported.

Was the manager ever made aware that the altercation between you and the other nurse was because of the other nurse's flagrant HIPAA violation? Before she did the write up, that is. if you already answered that, forgive me.