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HIPAA violations in the workplace
I am a nurse and am employed by a large chain of rehab/skilled nursing facilities. I recently resigned and stated in my resignation the I appreciated the opportunity and experience the facility provided me but I had accepted a better offer. It was brought to my attention that another nurse in a different facility was told by the "Regional Nurse" that my MS {multiple sclerosis) was flaring up and I had to resign.
I have been in this community for decades and have been in this type of position (MDS/Care plan coordinator) for the same amount of time. I received a call from a colleague that stated "I didn't know you had MS." Is this a violation of my HIPAA rights? Besides the fact that a fellow nursing professional in a position of hierarchy should never conducted herself in such a manner, I feel clearly violated. Do I have any recourse? |
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The big question is how did she know you have MS? If you volunteered the info, then no HIPAA violation occurred. If, however, she learned about it by accessing your medical records because you were being treated by your employer then yes it is.
As to recourse, you can report it to HIPAA and they investigate and determine if a violation exists, They may fine the company and require the dismissal of this person. |
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Yes, if she went into your medical files ( not your personnel files) but saw you had it from tests you did at this facility or from doctor notes in your medical file. And that is only how she would know, It may be.
If she knew because of programs you went to, things you talked about at work, or she found out from someone else and it had nothing to do with our medical records. Example, Last year I worked for a medical company, I was going to a clinic ( not where I worked) for something of very personal nature. But that is about all that this clinic does. So someone saw my car in the parking lot and thus told everyone at work or it got out, that I was being treated for this, and that was why I was late certain days and most likely tired on certain days. That was not a violation since they did not get it from medical records and were just gossip info they found out by where I parked. |
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