Published May 4
Stacie Cavazos
2 Posts
I work in a clinic I filled out FMLA paperwork and mailed it to the wrong person. Is this in breach of hippa
JKL33
6,952 Posts
If you're saying that you filled out the paperwork with one of the patients' health information and then sent the paperwork to an entity that had nothing to do with the situation then yes technically that is an inappropriate disclosure of what is likely PHI (protected health information).
Notify your employer so they can take the appropriate steps in follow-up. Although reading between the lines it sounds like they are aware? And you have been written up?
Been there,done that, ASN, RN
7,241 Posts
Mailing the info to the wrong person is a breach.
JKL33 said: If you're saying that you filled out the paperwork with one of the patients' health information and then sent the paperwork to an entity that had nothing to do with the situation then yes technically that is an inappropriate disclosure of what is likely PHI (protected health information). Notify your employer so they can take the appropriate steps in follow-up. Although reading between the lines it sounds like they are aware? And you have been written up?
Yes I was written up. It is being reviewed by our compliance officer.
I understand them following their process but I hope it is not too harsh an outcome for you. Goodness. After all, (I know your example wasn't a fax but) it's still legal to fax things here there and everywhere with no control over who may happen by and view the received fax...and the "fix" for that is just to have a cover sheet statement declaring that it's confidential. And that if you have received it in error then destroy it. There is literally zero effort to ensure that only those who "need to know" will view that fax.
I can see them keeping a paper trail (on the employee record) just to make sure there isn't a pattern over time, but other than that we seriously need to have some allowance and have non-destructive process for simple and basic human error.
Hope it turns out okay for you.