I had a stress echo this spring for the my complaint of shortness of breath. A blood pressure cuff was on one arm, I was hooked up with a bunch of wires, standing on on a treadmill that was going to start moving faster & faster, uphill. Behind me, at the end of the treadmill was a gurney and an echo machine that I was suppose to "jump up on" as soon as I reached my "target heart rate", which was something like 144/min. I was not at all happy about taking this test since I'd already had 2 negative echo's and 2 negative stress tests but, my doctor of course knew better than me.

I am also a nurse and I worked at that same hospital where I had the test done (but, it was on my time). I also personally have a very long medical history - like cancer 5 times in 12 years; chemo X2, radiation X2, many many surgeries. I don't mind working in a hospital but, I hate being a patient in one - except for maybe drive-thru. So, yeah - I know I sounded uncooperative but, I know my body pretty well after being in it for 54 yrs. I know what quality of life I want, and what I don't want. I know better than most how things really can end up. The pain ranges from dying in an instant to long, drawn out chronic illness; one after another until you collapse from the weight, finally. So, I caused 3 stress test tech's a little ripple in their day because I wanted my wishes known.

I did the test and hit my target and then, all of a sudden my legs just "went out" right from under me and I fell onto the treadmill which was going really fast and it threw my legs under the gurney. I was okay - no harm done. When I convinced them I was okay, they vacated that room and I never saw any other staff member again. I got dressed and let myself out.

Weeks later my new boss called me into her office and told me I was in trouble for a "HIPPA violation". According to her one or more of those stress techs reported me. They said after they wired me up, when they had stepped out for a minute, before the test, I tilted a flat screen monitor a little toward myself to try to see my own heart rhythm. I had to really strain to remember because it was such a minor thing that eventful day. I glanced at it... and saw it was normal... and that was the end of it. It's not like I was trying to read or see my own 12 lead EKG, it was a flowing single blip of my own rhythm. The also had a monitor for the echo behind me and some sort of digital display showing my heart rate right in front of me, I think...

I've been in nursing 29 years, I was around when they started HIPPA and I do not believe what I did was a HIPPA violation in any sense of the word. I know it was certainly not what the author's intentions were. This is not what the spirit of the law is all about.

It really doesn't matter anyway because they fired me, which was the true intention of it all. I just really would like to know what other HIPPA interpreters think. Thanks

If that is what that hospital, those technicians and that boss think a HIPAA violation is, they should go back for more education. For heavens sake, you were reading your OWN information, not someon else's.

You really must do something about this, goodmake, if you want your job back, you were fired without just cause, that was just silliness. But as you say, maybe they wanted it that way and were just looking for excuses. I am so terribly sorry this happened to you.

Tick

First, way too much information. You could have condensed this to:

While taking a stress test I turned the monitor slightly so I could see the readings. One of the techs reported this as a HIPAA violation. And they fired me citing the violation as the reason.

But no, I can't see how this could be considered a violation. A violation involves revealing information about a patient's treatment and diagnosis to a third party. By the way as a nurse for 29 years you should know its HIPAA, not HIPPA.

So it looks like they were using an excuse to fire you. Now here's the thing. If you have bee a nurse for 29 years, that means you are getting on in years. I would estimate that puts you into your mid 50s at least. So its possible the real reason for getting rid of you may have been age discrimination. So if they fired you and gave the reason as a bogus HIPAA violation that is so clearly bogus, that could be proof of a coverup for the real reason. If you are covered by a union, then I would take this to your union to complain. If not would try to find an employment lawyer who will give you a free consultation to see whether you might have a case.

'I caused 3 stress test tech's a little ripple in their day'

Sounds like someone just had to retaliate by grasping at straws. Find a good contingency basis lawyer.

Yes, sounds like they have labeled you a trouble maker and those in the medical profession often make very poor patients. And to be honest you should have known that they were only doing their job and merely did as asked.
If you did not want to take the test, then just refuse the test, don't cause trouble doing the test.

The techs did a error in not forcing you to be checked out by the ER after you fell, Or bringing a manager in to make you sign that you refused ER check.

If there was nothing on the screen besides your medical info, there is no violation, And if you are there as a patient, that is harder to prove.

In fact if there is a violation, it would be the tech for leaving medical information visible

I could most likely believe they wanted to fire you, but if they used this as the reason, you have a case against them.