Will I get in trouble?

Nurses HIPAA

Published

I started a new job in a hospital that I was previously a patient at. I work at the clinic and have to look up a lot of people especially if they call in because I do triage nursing and people from a community call in. In one instance I looked up a friend because I was curious even though they were not a patient at the time and they did not call. I also looked up myself. Can I get in trouble for looking up myself. Also I don't think I would get in trouble for looking up my friend as they would have no way to tell if they called in or not.

Specializes in Varied.
Good God, another one worried only about getting caught...

For real. I do not understand this.

You don't see what you did wrong at all, do you, OP?

We are repeatedly told where I work that we can't look up medical records of anyone else including ourselves without signing a medical release form. Even if you looked up yourself without signing the proper documents, this may not be a HIPAA violation, but another violation.

This honestly seems like a troll post, mainly because you see no issue with pulling up medical records of someone that isn't a patient.

On the off chance this is real...if you think they don't track incoming calls to a clinic, they do, BY THE NUMBER. They also have IT randomly double checking people whose charts you pull up versus people that actually come into the clinic. Yes, they will sometimes call and double check to see if this access was authorized and your log in goes back to you.

Where I work, looking at your own chart and/or looking at an immediate family member’s chart is grounds for immediate termination. Some of my coworker’s parents are patients of ours, and they can’t even click the ‘check out’ button when their relative leaves, someone else has to check them out. I brought my son for an ear infection and had to have another coworker update his pharmacy information. And, as you’ve read, you NEVER look at a non-patient’s chart just because you’re curious.

You have a couple problems.

1. If someone calls, I am assuming that you are required to note in the chart what the call was about and what you instructed the caller to do. You didn’t put a note in your friend’s chart, so you either didn’t take a call or you violated policy.

2. There is probably a log of who calls somewhere. There’s no automated system that requires the caller to enter some information before they get to the triage?

3. Your friend can ask for a list of who had access to their chart at any time. You will be listed. If your friend notices, she can complain and even sue your employer and you.

Specializes in CCU, SICU, CVSICU, Precepting & Teaching.
On 2/12/2018 at 8:05 PM, Mousyrn said:

I started a new job in a hospital that I was previously a patient at. I work at the clinic and have to look up a lot of people especially if they call in because I do triage nursing and people from a community call in. In one instance I looked up a friend because I was curious even though they were not a patient at the time and they did not call. I also looked up myself. Can I get in trouble for looking up myself. Also I don't think I would get in trouble for looking up my friend as they would have no way to tell if they called in or not.

This is just so wrong. Why in the world would you look up someone's chart? "Curious" is SOOO not a reason!

Your concern about getting into trouble for doing something you know is wrong is misplaced. You should have been MORE concerned with NOT DOING something you knew was wrong.

Specializes in NICU/Neonatal transport.

No, there will be no way for them to ever track this particular hipaa violation. They can't verify she didn't call in, there's going to be no record in her chart like a note (just the back end audit trail) so she wouldn't know.

But that doesn't matter. It is completely wrong: morally, ethically, legally. Whether you get caught or not - that doesn't change. You shouldn't be in healthcare, honestly. I would turn yourself in.

Shame! Intrusion of privacy.

On 2/13/2019 at 7:29 AM, T-Bird78 said:

Where I work, looking at your own chart and/or looking at an immediate family member’s chart is grounds for immediate termination. Some of my coworker’s parents are patients of ours, and they can’t even click the ‘check out’ button when their relative leaves, someone else has to check them out. I brought my son for an ear infection and had to have another coworker update his pharmacy information. And, as you’ve read, you NEVER look at a non-patient’s chart just because you’re curious.

I realize you didn't mention HIPAA specifically here, but sometimes we and our employers create a lot of problems (misunderstanding) by discussing individual privacy practices within the context of HIPAA.

What I have bolded above is not a privacy violation of any kind whatsoever. That rule is the employer's preference, possibly for their own convenience of not having to deal with the issue, or probably more likely, sheer ignorance. And/or stupidity.

Yep. You can get in deep trouble for that. You violated HIPPA by accessing your friend's chart! Yes, you accessed yourself but it is your own record and as long as you didn't change anything on said record, you are not in violation.

As for accessing information on your friend, that is a violation of HIPPA. Whether the friend had called in or not, the hospital does audits on patient charts all the time. Don't be surprised if you get called in! Her chart has likely been flagged for audit since she was not admitted to your facility, or likely anywhere else when you accessed the chart, and she had no reason to have her chart accessed. You may think that there is no way to prove whether or not the person called in, but please think again about that. Hospitals have records of their phone calls, and would be able to see if any incoming or outgoing phone calls were made to your extension at the time the chart was accessed. They investigate chart snooping all the time and have ways and means of finding out if you violated HIPPA by snooping.

You accessed something private, but are worried only about the possibility of getting caught. What you did was wrong and shows poor judgement and ethics. How would you feel if a doctor or someone you work with accessed your patient record without your permission?

Wow Jesus this is scary. 100% this could end you in serious trouble, both for accessing your own chart and your friend's.

Specializes in School Nursing.

I am simply floored... I cannot believe that an RN would even contemplate checking a medical record without consent or being part of the medical team. The lack of professionalism that this demonstrates, let alone lack of friendship. I would be devestated if I knew a friend was peeking in my medical records without my knowledge. That would be the end of our friendship, and I would probably report it..

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