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    marta448's Avatar
    marta448 Posts: 1, Reputation: 1
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    #1

    May 6, 2010, 04:44 PM
    Is this a hipaa violation
    I am an RN in a clinic. Recently a person was killed. A doctor at work showed me her picture. I immediately said "Oh my God I think she was in here last week". I typed in her name just to see if we had seen her. When I saw that we had not I deleted it. I did not read any information whatsoever. If she had been a patient I would have notified the schedulers to cancel any future appointments so her family would not receive a reminder. In addition deceased patients charts are supposed to be pulled for medical records. Her name was apparently flagged and I was suspended today for looking at her info. According to their record I viewed her info for less that 1minute. What do you all think?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 6, 2010, 05:42 PM

    I think you weren't supposed to be looking at her file and you did.

    You were suspended for violating rules - either HIPAA or the clinic's.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 6, 2010, 05:45 PM

    You needed to report her possible death to the scheduling department.

    I am not sure it was more than a clinic violation, since you appeared to have the right to review her medical files, and you were speaking to a doctor, who would have access to the medical info. And medical files can be exchanged among health care professionals without being a violation..
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    May 6, 2010, 05:47 PM

    I'm not sure it was OP's job to do this - perhaps it was up to scheduling to be notified, check and do whatever is necessary - ?

    Reporting her death and checking on whether she was "there" last week appear to be two different things to me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 6, 2010, 06:09 PM

    It really comes down to if the OP had the right to pull up files. Or restricted to specific files.
    adthern's Avatar
    adthern Posts: 282, Reputation: 28
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    #6

    May 10, 2010, 04:35 PM

    HIPPA comes down to whether you had a valid medical reason for accessing the records. If you can provide said valid reason, it would not be a violation.

    Whether you violated a clinic privacy rule, that's another matter. Sounds like you can make a case that you were acting in good faith, so at least you have some defense to offer. Request a hearing with HR and explain your reasoning and intent.

    Worst case senario is they will terminate you, and you immediately go to unemployment and apply giving the upfront facts.

    Good luck,

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    Disclaimer: This is not legal advice, but merely opinion. Consult an attorney in your jurisdiction.
    jenniepepsi's Avatar
    jenniepepsi Posts: 4,042, Reputation: 533
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    #7

    May 20, 2010, 07:18 PM

    It is not your job to look up her records. Im sorry but that is a violation.
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