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JoAnne Boshane · Jan 6, 2009, 11:51 AM

I am being accused of a hipaa violation. I am being told that I took a phone number of a residents family member out of a chart to contact this family member to discuss with her if she would be willing to write a statement for me at work concerning another matter. I did contact her but she gave me her phone number months before this to do her a favor for her family member while she was away on vacation. I did not take the number out of the chart. I was also repremanded for making personal phone calls at work which I was advised to get statement about the incident from anyone I was friends with and family members. Is this considered a hipaa violation taking a residents family members number out of a chart and using it at work. Even though I did not do this I had the number I thought we were friends!

N0help4u · Jan 6, 2009, 11:55 AM

I would get the person who gave you the phone number to vouch for you that they did give it to you. That you were not calling them during work hours and that you did not discuss anything about the patient with them.
Hopefully all that is the way it happened.
I don't know if any of it is HIPAA violations but you need the person to verify your side.
J_9 should be able to answer your question with the legal aspects.

JoAnne Boshane · Jan 6, 2009, 12:06 PM

This person that I got the phone number is now against me she wrote the statement against me. The family member is the one accusing me of taking the number out of the chart. At no time was there any info exchange about the patient. The conversation was about her writing a statement for me about a sexual harassment claim I had against me too and I wanted to ask her if she would be willing to write a statement to support me and she said no cause she was under fire at the facility for un paid bill with her family member and the next thing I knew someone I thought was a friend became a instant enemie. I do have people to back up the fact that the day in question at no time did anyone see me get in the chart and get the number.

JudyKayTee · Jan 6, 2009, 12:17 PM

Originally Posted by JoAnne Boshane

this person that i got the phone number is now against me she wrote the statement against me. the family member is the one accusing me of taking the number out of the chart. At no time was there any info exchange about the patient. The conversation was about her writing a statement for me about a sexual harrassment claim i had against me too and i wanted to ask her if she would be willing to write a statement to support me and she said no cause she was under fire at the facility for un paid bill with her family member and the next thing i knew someone i thought was a friend became a instant enemie. I do have people to back up the fact that the day in question at no time did anyone see me get in the chart and get the number.

Please don't start a new thread - this should be part of the old thread so people attempting to answer you don't have to search out the facts of the situation.

If you took a phone number out of a patient's chart you assessed the patient's chart without any authority to do so.

You don't say you didn't do so; you only say nobody SAW you doing so.

Your employer will resolve this one way or the other - the best you can do is defend yourself against the charges and, if you are innocent, prove that you are and provide information as to how you got the phone number (if you didn't get it from the chart).

You also were reprimanded for personal calls at work - that, of course, is not a HIPAA violation.

JoAnne Boshane · Jan 6, 2009, 12:28 PM

No I did not take the number out of the chart I had the releatives numbers cause we were friends and the number was used for asking her to write a statement about another incident this whole thing had nothing to do with the resident

JudyKayTee · Jan 6, 2009, 12:30 PM

Originally Posted by JoAnne Boshane

No i did not take the number out of the chart i had the releatives numbers cause we were friends and the number was used for asking her to write a statement about another incident this whole thing had nothin to do with the resident

Then you take whatever proof you have that the relative gave you the number and that you didn't take it from the chart and present it when you are questioned.

It's not about WHY you called her. It's about how you got her number.

I'd also be very careful how you phrase things, the "nobody saw me to it" language making you sound guilty. "I did not access the chart" is a better way to word things.

JoAnne Boshane · Jan 6, 2009, 12:35 PM

My question is! Is that consider a hippa violation either way I got the number. I am going to a arbortration hearing on this I need to know my facts. And if she wrote a statement against me saying I took the number out of the chart then how do I prove that she gave it to me months before this case.

JudyKayTee · Jan 6, 2009, 12:37 PM

[QUOTE=Comments on this post
JoAnne Boshane disagrees: THis had nothin to do with a patient[/QUOTE]

I would suggest that you read the rules for agreeing and disagreeing. Ask Me Help Desk - FAQ: Terms of Service, FAQ and How To Use This Site.

Also, alienating the very people who are trying to help you is not a smart idea.

HIPAA has EVERYTHING to do with the patient and NOTHING to do with anything else so I have no idea why if this has nothing to do with a patient you are posting it as "as this a HIPAA violation" or why you are even concerned that it is. For that matter, if it doesn't concern a patient, why are you charged with a HIPAA violation? For making personal phone calls from work (not a HIPAA violation, of course) - which apparently is another charge against you.

I have already told you that the person involved claims you took the number out of the chart. You claim you did not. You both state your case and offer proof. A hearing officer decides. Again, refrain from the "Nobody saw me" language and concentrate on "I didn't do it."

There are no other answers.

I suspect something is missing from this story.

JudyKayTee · Jan 6, 2009, 12:41 PM

Originally Posted by JoAnne Boshane

my question is! is that consider a hippa violation either way i got the number. I am going to a arbortration hearing on this i need to know my facts. And if she wrote a statement against me saying I took the number out of the chart then how do I prove that she gave it to me months before this case.

Yes, it's a HIPAA violation if she can prove the allegation or offer evidence you can't dispute.

Only you know what proof there is or is not and/or which of you is the more believable.

JoAnne Boshane · Jan 6, 2009, 12:44 PM

My job is saying it is a hipaa violation. A family member said I got her number from the patients chart. I said I didn't that she gave it to me personally a long time ago. There is other parts of this story. But now that is not the main reason why they fired me and why we are fighting them. Sorry I might be confused by what your telling me. Frustrated by the whole situation and just need help. The family member turned her back on me and I believe it was simply to take the heat off herself cause she herself was having issues with the facilty. I didn't at no time take the number out the chart. My union rep says I need to have someone support me on that! I do. I just don't have anyone to support me on is she had giving me the number herself. Sorry if I'm a little impatient this has ruined my life.

JoAnne Boshane · Jan 6, 2009, 12:49 PM

Thank you very much for help and your time.

N0help4u · Jan 6, 2009, 01:04 PM

If you were friends and she gave you the number before it was in the patients chart for you to get maybe you can tell them that you had had several phone conversations prior to when they claim you got it from the chart.

starbuck8 · Jan 6, 2009, 01:20 PM

Originally Posted by JudyKayTee

Then you take whatever proof you have that the relative gave you the number and that you didn't take it from the chart and present it when you are questioned.

It's not about WHY you called her. It's about how you got her number.

I'd also be very careful how you phrase things, the "nobody saw me to it" language making you sound guilty. "I did not access the chart" is a better way to word things.

This is very sound advice that Judy has given! You need to watch your words in front of the committee. Words can be turned around to make you look guilty. Can you not get phone records to prove the dates of contact prior to the accusation, as NH has suggested? You need to take any and all information that is pertinent. Also, you may want to think back to when all of this started, and backtrack a bit. You may come up with someone that can back up your statement, that you had this information beforehand.