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Old 07-04-2007, 11:36 AM   #1 (permalink)
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I just can't believe this...

Recently I was informed by my agency that my contract with a particular hospital has been terminated based on a violation of HIPAA. What happened was that I was trying to learn how to use the hospital's computer record system to retrieve old charts for a patient I was admitting. The system didn't automatically retrieve what I wanted, so another nurse I was working with said "just use the search function, type in a name and approximate date of service, and it will open the chart you want." I was then advised to type partial name, birth date, etc, and browse through records until I found what I needed. BAD ADVICE. The hospital's HIPAA compliance officer has sent letters to each patient whose records matched my search criteria, naming me, my employing agency, and stating that I misused their PHI. This is not a huge community. People I know have already received letters and assume that I tried to steal their identity, or committed some other type of crime using their information. I feel that although I did inadvertently violate hospital policy, I did NOT "misuse information." I simply opened, then closed records without printing, saving, altering, or otherwise "misusing" any information, in the process of searching for information which I DID need. Also, I feel really "duped" because I was given bad advice (I know, my fault for following it!) and because the computer actually opened records which I did not have authorization to view (but I did not KNOW I didn't have authorization to view). Shouldn't there have been some kind of system safeguard that prevented my mistake in the first place?! I am fine with the fact that my contract is terminated. They couldn't pay me enough to re-enter that hospital. I am way too embarrassed anyway. But I feel that now MY privacy has been violated by the hospital's actions. Has it?
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Old 07-04-2007, 12:26 PM   #2 (permalink)
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Re: I just can't believe this...

I am very surprised that they would send letters to these patients about this, and that they would give these patients your name. That seems very inappropriate to me. If you are able to find a new assignment without difficulty, it would probably be best to just forget about the whole situation & not let it get to you- you know that you didn't do anything wrong. BUT... if the hospital, your travel company, or any of these patients continue to make accusations, I would consider contacting an attorney. I would think it could be considered slander/libel for the hospital to give your personal information (name, disciplinary actions at work) to these patients who you do not even know. Good luck to you- let us know how it turns out.
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Old 07-04-2007, 08:45 PM   #3 (permalink)
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Re: I just can't believe this...

It seems to me that if the hospital gave the patients your name, that would also be a HIPAA violation?
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Old 11-04-2007, 07:27 PM   #4 (permalink)
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Re: I just can't believe this...

All you have to do is go to your states department of community health web-site click on verify a license and type in a name, it automaticly gives you any disciplinary actions/accusations they hold as serious.

Try it, if they don't think it's worth mentioning you have nothing to wory about, or you need that attorney.
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Old 11-05-2007, 08:59 PM   #5 (permalink)
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Re: I just can't believe this...

I would think the facility would see it as an internal problem, and go about correcting it. If it was a mistake, you normally don't place an incident report on a chart. Why would these various patients need to know about an internal incident?
I agree with orionseal's post.
It really doesn't sound like you meant to "profit" from a simple mistake.
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