Hippa violation or not Help!!!!!!!!!!!!

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pi8carrots

New member
If you work for a doctor and are seen there, can anyone look at your records that work there? I thought only the doctor, nurse, exray tech could look. Not a coworker who has no known reason to look in my record. Just being nosy is what I believe. This same person has read my notes in the system and the system has a log which shows who looked in it. So there is proof. The person looked in my notes and my childs notes. What can be done? Do I report the person to the Us dept of health and human services? I know I should let my manager know but how will I be looked at working there ratting out a coworker. What consequences will be administered to this person by the practice or us dept of health and human services? I dont want to start trouble but this was a violation of my privacy. I actually do not put the medications and medical problems I have in my record because I know there are people who look and are busy bodies. Thanks for any help.
 
In my opinion, you need to let your manager know before you report this any higher. It shouldn't reflect poorly on you because it's your privacy you're talking about. The manager needs to be aware of the situation so if and when you report it to the Dept. of Human Services, they know what's going on. Tell your manager that there's a HIPPA violation happening in the office and you know they'd want to know so as to not be reported. If nothing is done then you report to Human Services. I wish you well.
 
Thanks Rudiraven. I have done more research on this online but you just never know what is right or wrong on the web. I do plan on telling my manager. I don't want to get the practice in trouble. I just want the person who did this to be held accountable. If anyone knows what happens to a person that violates the hippa rules once it is reported, I would appreciate any information you have. I found so many things online like a fine of $100.00 up to 100,000. I saw that a person would get a written warning in their file. I have seen people being fired, but then read that some just get a slap on the hand. Why is there rules and nothing done about them? Just don't get it. Thanks again.
 
Well I told the Manager and he seemed to want and see if there was another reason why she might be in my notes for business purposes but there were none. I have since found out that she went and read 3 of my followup notes. Then he said he would have a talk with her. I explained this person is nasty to me already and don't want her to know it was me or she will treat me even worse. He said he would handle it discreatly. I think he was more concerned with how she treats me and that my productivity will suffer from this than the Hippa violation. I will see what he does first and if I don't think it was handled properly I will be filing a complaint with human services. I spoke with another friend of mine who worked in a hospital and a lady looked in a friends record when it was paper and not electronic and she was fired. She thinks hospitals are more strick that doctors offices. I really don't see what the difference is. I will keep you all updated once I know more. Thanks for all your help everyone.
 
i don't know the answer to what occurs to the actual person who commits a hippa violation, but just wanted to back up what rudi told you to do here. tell your manager about this violation immediately,before whoever did this has any possible chance of covering up any evidence in some way. you DO have the right to privacy and that also includes from nosey co workers. this IS the reason HIPPA was created,to protect peoples privacy,period. she had no right to snoop into your personal medical files and needs to be held accountable for it. i personally would change my doc to someone else who does not have snoopy people who you know and who know you. just a suggestion for you to prevent aything like this from ever happening again. that co worker violated your rights,and does need to be help responsible for it. go directly to your manager with this and bring the proof if you can. that really was none of her business to do to you. if you dont speak up about this violation,she may keep doing it to you or other people too. this IS/should be a big deal to your manager and he needs to take immediate action before you decide to report it. if he blows this off, just remind him that that are repercussions if he knowingly is aware of this violation and does nothing. that HIPPA act was created for a really good reason. i do wish you luck with this. hopfully miss snoopy will be fired for this,and she does deserve that much. she simply violated a big privacy issue,your medical history and anything about yout child as well. she simply did NOT have the right or the athority to override HIPPA. pleae keep us posted as to how things are going with this. i really am wondering just how this will be handled. but you ARE on the side of right here in this,no doubt about it. FB
 
thanks alot for the update. geez she NEEDS to be fired here,really. there is not good reason for her to be doing this other than to be nosey/snoopy and invade your privacy. i would double check with any . gov site out there that may better explain just what action an employer "must' take when an employee violates HIPPA. i do believe firing is the answer too? shehad no right to do what she did,and to now be treating you like that??? her butt should be gone from that practice immediately. it is a huge violation that she commited here,not a little problem that can be resolved by a manager. this is a federally mandatated law,your employer only has so much he or she can do only because it is a federally manadated law,you know what i mean? possibly calling your local chapter of the AMA may help? she simply deserves to be fired for this type of violation,espescially if miss nosey appears to think she is above getting her butt chewed then fired for something of this magnitude??

just find out what the 'normal' procedure is at a source you can trust when someone actually violates HIPPA so you KNOW without a doubt that your manager is indeed doing what that law itself dictates here,not what he "wants to do",ya know? you have to remember that this is simply a "federal law' she violated,thats a biggie and in place for just this reason. i do wish you luck here and do please continue to keep us posted. she just needs to be fired and any future employers also told what she did. there just needs to be that certain level of trust with any employee,ya know? and she blew that all by herself here. let us know,K? FB
 
I temped several years ago for a clinic and I had to sign a confidentiality agreement regarding any of the info/patients files/etc. that I handled. I recognized a few names, but none of that info went any further than me.

Heck, even our local pharmacy has HIPPA notices all over. And when DS was a baby in the NICU and one of our nurses was a former neighbor and we said, say hi to your parents, she said for privacy reasons she was unable to do so. Time and time again there are stories in the news about medical workers looking up info on celebrities -- info not going any further -- and being FIRED because of it.

IMO, if this continues to be an issue, I would go over your supervisor's head, as what she's doing is illegal. I'd also be tempted to ask her what business she has being in those files in FRONT of other coworkers. :)
 
You should notify your manager as soon as possible. If this person is snooping at your records who knows what else they may be doing. You have the same privacy rights through HIPPA as any other paitient. In my opinion this person should not be working in any area where privacy is an issue. If you are concerned about being idenitifed check and see if there is a way to register a complaint anomously (sp?). I work with very sensitive data and my company has a way to report someone who is violating security without having to identify yourself.

Tigg.
 
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