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

    Feb 13, 2011, 04:58 PM
    Im a therapist and reviewed current and discharged patients files in attempt to see h
    Im a therapist and reviewed current and discharged patient files in order to better understand how other therapists manage their caseloads and address patient goals. My whole intent was to attempt to improve my work skills. The charts were all in the same drawer I use for everyday paperwork and I randomly pulled charts , not by any name or specific identifying pt. info. Just to read how other therapists managed certains tx areas. I was fired for this and was told it is a HIPPA vio. I didn't remotely think this was wrong at thye time of review since we are constantly in/out of pt charts and did it to attempt to be a better employee. Is this a HIPPA violation? I live in IL. Can I get UI benefits?
    DrBill100's Avatar
    DrBill100 Posts: 3,241, Reputation: 502
    Ultra Member
     
    #2

    Feb 13, 2011, 05:16 PM

    The general context of your question is absent: Where did this occur i.e. hospital, office, etc. What type of therapist are you, physical, counseling? Did you transmit (mention) the information derived from such reviews to anyone else? How was this violation detected?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Feb 13, 2011, 05:21 PM

    Unless you revealed what you found to a third party, it shouldn't be a violation. However, if you did not have a need or authorization to access the records it could be considered a violation.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #4

    Feb 13, 2011, 05:21 PM

    Didn't you have a supervisor? Every office I've work in as a counselor, the files were under lock and key; I could not access colleagues' files.

    How would you better your work skills by reading files not your own? A patient file is pretty cut and dried -- patient's medical/psychological history, case notes. The real work (and where improvement can be made) is in session.

    As Dr. Bill asked, what kind of therapist are/were you?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Feb 13, 2011, 06:55 PM

    This at best is a violation I am sure of your institution policy and a breach of the privacy of that patient. So if not a HIPPA violation, it is a issue that I am sure the company you work for will take seriously. If you are not asked to, or ask permission to review a case that is not your own, you do not have permission to read them, ( even if in the same drawer as yours) If you want to know who another therapist does something you ask them or your supervisor
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
     
    #6

    Feb 14, 2011, 12:10 AM

    This is absolutely a HIPAA violation of the worst kind.

    The OP was not the therapist of these patients, nor did he/she have permission from the treating therapist to review these records. Nor did the OP have a Medical Release from the patients involved to review these records.

    I'll give you an example that is close to home for me.

    If a patient comes up to Labor and Delivery and I am the delivering nurse, I have access to her records, the nursery records and her postpartum records (since we are a labor, nursery, postpartum unit). However, if a patient delivers and goes home on the days that I am not working, it is forbidden for me to look at those charts. It's a HIPAA violation.

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