View Full Version : Hipaa violation
tdybear2
Jan 5, 2009, 01:18 PM
If I am working as a certified nursing assistant on a skilled nursing unit and I get into a patients chart to call a patients family member for my own personal gains, is that a hipaa violation and can I be terminated?
JudyKayTee
Jan 5, 2009, 01:34 PM
If I am working as a certified nursing assistant on a skilled nursing unit and I get into a patients chart to call a patients family member for my own personal gains, is that a hipaa violation and can I be terminated?
Is that a HIPAA violation - yes; can you be terminated, yes.
This wasn't covered in your CNA training? Why would you do something like this?
Of course it's a HIPAA violation!! Is this really a serious question?
And yes, you could and SHOULD be terminated for this.
JudyKayTee
Jan 5, 2009, 04:00 PM
Of course it's a HIPAA violation!!! Is this really a serious question?
And yes, you could and SHOULD be terminated for this.
Is a CNA licensed? Could he/she lose her license for this?
Judy, they are not licensed per se... but rather certified.
JudyKayTee
Jan 5, 2009, 04:28 PM
Judy, they are not licensed per se...but rather certified.
Hmm - so CNA's are sort of immune from being suspended, as Nurses would be - or censured or whatever the health profession calls it?
Same in NY with Paralegals - one of the reasons I continue to push to license (or otherwise regulate) Paralegals.
ScottGem
Jan 5, 2009, 04:30 PM
I smell troll.
JudyKayTee
Jan 5, 2009, 04:41 PM
I smell troll.
Gee, Scott - I showered this morning.
Oh, wait, maybe you don't mean me.
Based on a tingling of your spidey senses or something else?
ScottGem
Jan 5, 2009, 04:45 PM
Just a tingling. When someone asks a question with such an obvious answer, its trollish.
I smell troll.
Oh, I got a cold, can't smell a darn thing. :o
I should have known better.
Hmm - so CNA's are sort of immune from being suspended, as Nurses would be - or censured or whatever the health profession calls it?
Either way...
CNAs can lose their certification just as nurses can lose their licenses. They are not immune at all.
Starbucks21
Jan 8, 2009, 09:00 AM
Any medical professional or anyone with access to healthcare information are not immune to hipaa
We are allowed to say "patient" but nothing to give away the identity of the patient in any way
We aren't allowed to share any personal information about the patient in any way unless medically necessary to treat the patient (being with other doctors or other medical professionals to treat patient or if patient is unable to speak for self often family steps in for medical care, like if the patient was unconscious)
Any violations, depending on the severity, can result in your licensure being revoked or in some cases jail time
In this case the worst would be a the fine is 250,00 dollars and 10 years jail time
HIPAA Penalties (http://www.hipaaprivacyworkgroups.com/HIPAA%20Penalties.htm)
americk
Feb 5, 2009, 05:19 PM
ACNA should know better than to ask a question like this! Of course it's a HIPPA violation and yes, you could be terminated. While you are not licensed, your certification can also be suspended which would prevent you from acquiring another CNA job in the future.
JudyKayTee
Feb 5, 2009, 06:39 PM
ACNA should know better than to ask a question like this! Of course it's a HIPPA violation and yes, you could be terminated. While you are not licensed, your certification can also be suspended which would prevent you from acquiring another CNA job in the future.
I trust this is a typo and it's a side issue but it's HIPAA - Health Insurance Portability and Accountability Act.
ScottGem
Feb 5, 2009, 07:23 PM
ACNA should know better than to ask a question like this! Of course it's a HIPPA violation and yes, you could be terminated. While you are not licensed, your certification can also be suspended which would prevent you from acquiring another CNA job in the future.
And how does your advice differ from the 12 other responses posted before your? As you are new here, you may not be aware that its not good practice to add superfluous responses.
americk
Feb 6, 2009, 05:30 AM
Excuse the typo - HIPAA was intended.