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    rescugrl's Avatar
    rescugrl Posts: 1, Reputation: 1
    New Member

    Oct 15, 2010, 07:37 PM
    HIPAA Violation can we appeal??
    I was a new CNA without my license. I was working at a hospital. I was sent to a different area to work as I volunteered to go in for them that day. One of the other CNA's was bullying me and giving me a hard time. I was assigned on the floor to take care of two people which I was doing. We sit for 12 hours and I was thinking it would be a good time to better learn the new computer program we just started using. I was navigating around and was in the public area for the floor. I clicked on a Jane Doe folder that was at the end of the list, not thinking really anything about it nor was I looking for anything. Thought maybe it was for training purposes or something. On public information it said the Jane Doe and Xanax overdose. I got back out of the folder realizing I shouldn't go there, I did not go look to see who this person was or anything about them. I was in very briefly and had no intentions whatsoever of looking anything up nor did I know the person. Never did I think clicking on the wrong folder would get me fired, I had worked there for a year already and as I knew the HIPAA law it was that you do not go in to gain access to a persons folder for their information, I didn't do that. They terminated me for a HIPPA violation and told me I would e turned into the Health and Safety Department of California. I was honest about what happened when I clicked on it and told them I had opened it and got back out realizing I ahd clicked on the wrong file. It was a few second deal and I did not go searching.

    When my boss let me go she said well you know its like when people went into Michael Jacksons folder and got information. No it was not like that at all, I did not know this person to go looking for anything nor did I open the file portion where the personal information could be accessed. Michael was a celebrity and people were snooping for information and coulod have potentially sold it to the media this was not that kind of thing. What I saw was what was on the front of the folder visible and no more.

    I am in school, I am not a licensed CNA and I was hoping to go on and become a nurse possibly some day. Does this destroy my entire future now that they will turn my name in on this as a violation to the state? I am mortified, I would never go in anyone's folder looking for anything I shouldn't do. I do not know this person or her name even. How can you violate something when there is no name attached to it other than Jane Doe? Now they won't let me get unemployment either, I am single and have no other income. I did nothing but work very long hard hours for this hospital and took allot of abuse form them on a daily basis I was warned they are a terrible place to work and I learned my lesson the hard way. Now, how do I fix it other than move to a new state?
    Talie's Avatar
    Talie Posts: 2, Reputation: 0
    New Member

    Oct 15, 2010, 07:48 PM
    Get a lawyer to fight your case. Go down with the ship!
    GGertie's Avatar
    GGertie Posts: 36, Reputation: 5
    Junior Member

    Nov 5, 2010, 08:36 PM
    I expect there is more to this than you have shared. You were in a public area on the computer when you were supposed to be sitting with/caring for your two patients. You state you worked very long hard hours but also explain that your assignment is to sit with patients. I suspect you were in a place you were not supposed to be, doing what you were not supposed to be doing.
    If, in fact, the folder had no more identifying information than "Jane Doe" for a name, you did not violate HIPAA, and it is doubtful that your place of employment will actually report you to the authorities.
    What do you do now? Continue with your school, get your certification, get another job. When asked why you left your previous job, be upfront and honest. You can say that you were looking at confidential information and they let you go. You might add that you were just beginning your work as a nursing assistant and were curious and that you have learned your lesson. Do not bad-mouth your former employer, no matter how you feel about them.
    Then, work hard to prove yourself, be genuinely concerned for your patients, and make an effort to get along with your co-workers. Nursing assistant work is very hard work and involves much more than just sitting with a patient. It isn't for everybody. You may find that you are better suited for another type career.

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