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    tdybear2's Avatar
    tdybear2 Posts: 1, Reputation: 1
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    #1

    Jan 5, 2009, 01:18 PM
    Hipaa violation
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 5, 2009, 01:34 PM
    Quote Originally Posted by tdybear2 View Post
    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?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    Jan 5, 2009, 02:45 PM
    Of course it's a HIPAA violation!! Is this really a serious question?

    And yes, you could and SHOULD be terminated for this.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 5, 2009, 04:00 PM
    Quote Originally Posted by J_9 View Post
    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?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #5

    Jan 5, 2009, 04:10 PM
    Judy, they are not licensed per se... but rather certified.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 5, 2009, 04:28 PM
    Quote Originally Posted by J_9 View Post
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jan 5, 2009, 04:30 PM

    I smell troll.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jan 5, 2009, 04:41 PM
    Quote Originally Posted by ScottGem View Post
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jan 5, 2009, 04:45 PM

    Just a tingling. When someone asks a question with such an obvious answer, its trollish.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #10

    Jan 5, 2009, 05:01 PM
    Quote Originally Posted by ScottGem View Post
    I smell troll.
    Oh, I got a cold, can't smell a darn thing. :o

    I should have known better.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #11

    Jan 5, 2009, 05:02 PM
    Quote Originally Posted by JudyKayTee View Post
    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's Avatar
    Starbucks21 Posts: 282, Reputation: 23
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    #12

    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
    americk's Avatar
    americk Posts: 5, Reputation: 1
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    #13

    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Feb 5, 2009, 06:39 PM
    Quote Originally Posted by americk View Post
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #15

    Feb 5, 2009, 07:23 PM
    Quote Originally Posted by americk View Post
    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's Avatar
    americk Posts: 5, Reputation: 1
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    #16

    Feb 6, 2009, 05:30 AM
    Excuse the typo - HIPAA was intended.

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