I was recently terminated for a hipaa violation. I do not believe it was a hipaa violation and I need some advice and insight.
I am (was) a medical assistant level 1 at a hospital off-sight clinic for 9 years. Worked in the medical field for 18 years. I am well aware of hipaa but this shocked me. I am devistated personally, professionally and financially.
My 25 y/o son became a pt at my clinic under emergent curcumstances. At the time of his first visit I helped him fill out medical record releases for myself and his grandfather as we are his primary care givers/helpers. For three months I was directly involved in my sons care. Everyone knew this, and his doctors discussed everything w/me. A month later my son developed seizures of unknown orig. w/ retrograde amnesia which involved a hospital stay. After this more than ever I was involved and with him at each appointment at my clinic because he could not drive and had lowered mental capabilities, and cognative issues.
My son had given me his disability form to give to his doctor as he now had driving restrictions. I went to our medical records staff and asked them to pull his chart for me to give to his doctor. I clipped the form to it and delivered it to the doctor without looking at it. The doctor needed the neurologists dictation which was not in the chart, so I went to his (the requesting pcp) staff and asked that they print the neuorolgy dictation for the doctor. An hour later I was handed the dictation. It was folded up. I didnt know what it was, I looked at it, saw that it was full of holes because the neuro is hard to understand. Then I noticed it was my sons. I went to the neuro's nurse (also @ my clinic) and asked her how quickly the neuro fixes his dictations because my sons pcp needed info to give my son meds. which he was almost out of. She answed my question and we both walked away. I gave the dictation to my sons pcp and went about my regular duties.
The next day i was called in by my supervisor and asked if I had hipaa violated my son. I was shocked. I denyed it. How could I hipaa violate with record releases in place. She insisted that i had pulled the chart, looked up and printed the neuro dictation, which I had not. I explained it all to her. The investigation continued and it was proven that I had NOT pulled the chart and I had NOT looked up or printed the neuro dictation. She chastised me for getting other people into trouble and said that regardless of record releases I could not ask for or transport my sons records or ask about them. Again I explained that I asked for the chart, yes, and I had given to the doctor.I did not read it because I didnt have to, I knew everything anyway. And I did not ask the dictation be printed for me, but for the doctor... the nurse misunderstood I guessed and handed it to me. And was that really wrong if I had rights to release? They said it was.
I can not find anything after months of research that says what I did was a violation. I can not find any help. Lawyers want money upfront and I have none after 3 months of unemployment.
My son or the rest of my family dont know what really happened. I told them that I quit. My husband knows, and is very upset w/me. I have not been able to find another job.... my boss told alot of people why I was terminated. I am devastated.
I know of many situations where family are pts at offices. In some cases family to the only nurse in the place... and she pulls the chart, puts them in the room, writes their scripts, discharges etc.
Other cases where the doctor see's his own family members, reviews labs etc.
In my own clinic nurses are involved with family members as pts all the time, including chart handling and putting them in rooms to be seen without record releases! I dont understand why what I did was a violation with releases in place?!
Please help.
Is this really a HIPAA violation if you have record releases in place?
Is there an address or number for healthcare workers rights regarding hipaa laws and terminations? All I find is pts rights regarding hipaa laws.
They even documented the wrong reason for my termination on my paperwork! They put 42.c which is a much more severe violation than what I actually did which was a 42.b (or so they claim) 42.c is accessing medical records for malicious intent or personal gain. 42.b is accessing families records. Which holds a much less severe punishment.
However there is no information about accessing with record releases. And in my opinion I didnt access. I asked for things to be released to me. I didnt pull the chart myself, or look up anything in the system, or read his chart. They said that by reading the dictation after it was handed to me I accessed.
Please, any help or advise would be wonderful. My career is over and my marriage and home are next!
I do thing legal aide is a great place to start, and unemployment. I am also assuming that you are not part of a union?
Unfortunetely, I think that it is a huge conflict of interest-or could be perceived as a conflict of interest--irregardless of release forms--to have gotten invloved at all during your regular work hours--as part of HIPPA is "need to know".
Because of your son's age and if his abilities are not "in the norm" for his age, perhaps guardianship would be a thought.
Thank you all for your advice... I did file for unemployment and was denied due to the fact that I was terminated for "misconduct that could damage the employer". So, despite the fact that in the end I resigned to protect myself and keep myself employable (so I thought) rather than be terminated, and my records were supossed to be sealed, they still reported to the unemplyment office that I was terminated and their version of why.
One lawyer that I spoke to before the unemployment denial had this to say "Because it is a hospital run by nun's, a not for profit, the monetary recovery amount would not be worth his time and it would cost me to much to prove a point" and "why would you want to go back to work for them anyway?"
He also admitted to not knowing much about hipaa laws, but suggested that they must have had it out for me anyway.
Also, there is nothing specific in our employee handbook regarding hipaa regs like that. How would I go about getting anything more specific now?
This statement is what got you into hot water at work. Pointing out documentation "full of holes", "how quickly doctor fixes things" and that corrected info needed by your PCP to give sons meds crossed the line from business relationship i.e. getting records corrected by another department, into personal one: getting records corrected for immediate family member.
My manger crystal ball says that you how you pointed out issue of incomplete documentation triggered someone's ire.
I hate to see it but that was my first thought as well. Someone was good and ticked about the comments you made. I know you meant no harm but I think this might be what got things going downhill and fast. That however doesn't mean they were right so I'd still investigate it and contact a lawyer. Legal Aide is a great idea.
Hmmm I was terminated and could still get unemployment. I don't know what they told them but still. You really should have went thru proper channels to get copies. It is the facilities records not your so they basically own them. It just takes one employee to make a mountain out a molehill to get this crap started. I would just move on. Find another job. It doesn't have to be the same thing. Have someone call and see what they are saying for a reference check and go from there. good luck
Did you give them a letter of resignation?! If you did then you wouldn't have been eligible for unemployment because you left of your own accord. And yes, if fired you can appeal unemployment and you should set about doing so. As they said they terminated you they have opened up the gates for you to appeal.
You need a lawyer experience in HIPAA law. An employment lawyer should be up to date on it.
Are you trying to find a job?! If they aren't hiring you ask them to put in writing why. That can help your case.
I hate to see it but that was my first thought as well. Someone was good and ticked about the comments you made. I know you meant no harm but I think this might be what got things going downhill and fast. That however doesn't mean they were right so I'd still investigate it and contact a lawyer. Legal Aide is a great idea.
Exactly! This isn't about Hipaa,this is about a ****** off employer. This statement highlights the lack of violation.
"The investigation continued and it was proven that I had NOT pulled the chart and I had NOT looked up or printed the neuro dictation."
This admission by them negates their claim that policies were violated by the OP. Carrying a chart to a doctor isn't a Hipaa violation. Get a lawyer...this doctor is way out of line. If she was not authorized to get the chart, then those that gave it to her are in violation, not her.
Specializes in Cardiac, Maternal-child, LDRP, NICU.
You in no way have violated a HIPAA law. You signed the release form for hipaa stating that you and your grandfather are two people to whom your's son medical condition can be released. Therefore, you did not violate any laws. Your son is 25 who can make decisions for himself but since he has disabilities you have the full right to make any decisions on his behalf. I don't know whether legally you have your papers for power of attorney for him but just signing the hipaa forms gives u the right to know any information about him. I think this is not at all regarding hipaa violation, but completely something else. Maybe someone is trying to cover the doctor's mistake regarding your's son care and the best thing they can do is terminate you on hipaa violation grounds. I will hire a medical lawyer who knows about hipaa violation and file a lawsuit against them for wrong termination. Once the lawsuit is filed the lawyer has access to all medical documentation and maybe things will become more clear than.
God, wouldn't you think nuns would be more sympathetic? If only.
If it's really run by nuns, go appeal to whoever is over them (the bishop?).
You need the job to support your family, and in the interest of Christian charity, you should be given your job back, after all, particularly in this economy.
If that doesn't work, go to the media and see if they'll cover your story. I'm sure neither the church nor the hospital would like that kind of negative publicity.
1) You weren't working, weren't discussing a pt that you had while working, and did not share information about any pt with ANYONE.
2) Obvious. You had a release. You can't violate someone's privacy if you have a legal document stating that they have no privacy
3) If anyone was in violation it was the nurse. She didn't check the records and gave (Potentially) sesitive material to someone that she (allegedly) shouldn't have. Simply asking to have something typed up is not a HIPPA violation.
I don't see a HIPAA violation. If anything the other nurses should not have given you special privilege for working there. But it sounds like YOU did the appropriate steps for obtaining the medical record. The process of how the clinic handles family care may need some reviewing by the supervisors but not HIPAA!
Here is an example for you at our work: An ARNP husband is on my doctor's team, the ARNP looks up her husband's information all of the time because she got special access. What we do not do though, is give special treatment to employees or there family when providing care. They have to go through the same steps that every other patient has to go through when dealing with their care.
HIPAA states that it is the legal responsibility of the FACILITY to protect the medical records.
Let's say, there was no medical releases in place at all...and you went to request the records...the FACILITY is required to protect your son's privacy, therefore, your request (IF it was a HIPAA violation) should have been denied by the medical staff.
HIPAA regulations will not accept the excuse, "You got others to do your work for you." It is the responsibility of the facility...period.
Had you pulled the records yourself? Or viewed things on the computer? You would have been in hot water.
But you didn't. I would fight that to the bitter death.
jadelpn, LPN, EMT-B
9 Articles; 4,800 Posts
I do thing legal aide is a great place to start, and unemployment. I am also assuming that you are not part of a union?
Unfortunetely, I think that it is a huge conflict of interest-or could be perceived as a conflict of interest--irregardless of release forms--to have gotten invloved at all during your regular work hours--as part of HIPPA is "need to know".
Because of your son's age and if his abilities are not "in the norm" for his age, perhaps guardianship would be a thought.