Published Jun 21, 2012
hartse
1 Post
I have been accused of a HIPPA violation at work because I copied a page out of a log to support a statement I am writing. I live alone and will not share the log with anyone else. The HR manager also has forgotten that I have an email from her asking me if I wished to have copies of emails to keep for any future occasion. I did not take anything from a patients chart and am not being given the opportunity to complete the statement at work. Is this still a HIPPA violation?
Double-Helix, BSN, RN
3,377 Posts
Under HIPAA guidelines, the information contained in the patient's chart is protected health information. Making copies of any page in a patient's chart, for any reason, and removing it from the hospital is not allowed. It doesn't matter that you live alone or what your intentions for the paperwork are. You cannot take protected health information out of the controlled hospital area. Patient's are not even allowed to make copies of their own chart. If they want a copy of their chart, they have to specifically request it through the medical records department and sign a release. So yes, it is a violation to copy a part of the chart and take it home with you. (And I personally know of health care workers who have been fired for doing so.)
morte, LPN, LVN
7,015 Posts
Sounds like OP may work LTC, she/he said they copied part of a log book, not chart. that said, I think you should have stayed on the clock and done it at work.
What's a log book? Does it contain patient information? OP, what did you copy and what information did it contain?
Rob72, ASN, RN
685 Posts
I have been accused of a HIPPA violation at work because I copied a page out of a log to support a statement I am writing.
A legal document, for administrative filing(i.e., "event" reporting, audit trace, shift discrepancies, etc..), would allow use of otherwise "controlled" information, just as a Police report would. Please note that duty rosters, med receiving/unit dispensation logs, and information relating to the operation of the unit do not fall under HIPAA, if they do not list PHI(and PHI is not employee's names).
I live alone and will not share the log with anyone else. The HR manager also has forgotten that I have an email from her asking me if I wished to have copies of emails to keep for any future occasion.
Email may or may not be HIPAA controlled. If it contains PHI, and is unencrypted, it is a violation.
I did not take anything from a patients chart and am not being given the opportunity to complete the statement at work. Is this still a HIPPA violation?
No PHI, no violation.
If you are not being allowed to complete a report relating to work at work, then employer may be reportable for violation of reporting practices, depending on exactly what you are documenting. Bear in mind, internal memos/documentation may be covered under the facility's Employee Handbook confidentiality/disclosure section, but that is generally not HIPAA related (though there may occasionally be overlap).