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    beewild's Avatar
    beewild Posts: 3, Reputation: 1
    New Member
     
    #1

    Sep 27, 2013, 04:11 AM
    Did I violate hipaa
    I work as a med assistant for a group practice. One night at the clinic I took a history of present illness on a pd... tingling arms. Later after all the patients were gone the on call doctor that saw the pr asked me if I knew why the pr was being seen... I stated tingling arms... he just laughed... assuming it could be carriageway and I do work for the cardiologist I opened the chart the next morning... surprised at what I saw and how would he be treated I typed it into a word document no name or date of birth, I showed it to the med assistant in my office, the patient was hers and associated with our practice... I feel it was not a violation as I did not invade anyone's privacy with no name and the patient was hers
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 27, 2013, 04:39 AM
    Sounds like you were discussing diagnosis with the persons responsible for treatment. I don't see a violation there.

    Did someone tell you it was a violation? Did they explain how you violated?
    beewild's Avatar
    beewild Posts: 3, Reputation: 1
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    #3

    Sep 27, 2013, 04:54 AM
    So you I was fired... for a HIPAA breach... and having something on paper, although, they do not have the paper to prove it...
    I was denied unemployment benefits, so now I have to get all personnel files, and documentation from DUA... going to see how much it cost to have a lawyer represent the appeal, or a good friend may be able to help be my advocate... They just wanted to get rid of me I think...
    beewild's Avatar
    beewild Posts: 3, Reputation: 1
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    #4

    Sep 27, 2013, 05:23 AM
    Quote Originally Posted by ScottGem View Post
    Sounds like you were discussing diagnosis with the persons responsible for treatment. I don't see a violation there.

    Did someone tell you it was a violation? Did they explain how you violated?
    Well no one came to me, but someone in the office filed the breach (like being a rat) and I came back to work after 2 days vacation, worked a half day, attended a regular office meeting, no one said a word... til the HR dragon lady and office manager pulled me aside and asked why I entered someone's chart 4 times and why did I have a paper that I was showing around... I did not respond other than that I was the medical assistant for that pt and that I spoke with the other med assistant... and that the chart was not mark a sensitive chart and that he is a patient in our office... they had their minds made up... my paychecks where handed to me and they escorted me out of the building... I never said a word to them
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 27, 2013, 05:35 AM
    I would think you have a case to get unemployment. But if they want to fire you, they don't need an excuse.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #6

    Sep 27, 2013, 12:19 PM
    Medical facilities are required to establish a policy within their facility to ensure compliance with HIPAA. What does their policy state pertaining to the incident? Keep that word document to show to your lawyer if you go that route. Depending on the policy, that document may be your best defense or it could be the company's best offense.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Sep 27, 2013, 12:48 PM
    Actually, creating that document is probably the issue. By copying the information outside their secure system, it could be construed as a violation.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #8

    Sep 27, 2013, 12:52 PM
    I don't see a case for UI? And I don't see what a lawyer can do either.
    HIPAA isn't even the point. You were fired, and the reason can be pretty much that they don't like your work. In this case, that you talked too much, and even though you didn't put a name on the printout, the other person recognized the patient. But none of that matters. You were fired.

    And you aren't fighting a HIPAA violation anyway, because they haven't filed charges against you with HIPAA. You are trying to fight being fired, very different.

    Collecting UI after being fired would require a totally different type of circumstances, such as refusing to move to a new location far from home or reduced hours or drastic changes in job description.

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