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Has anyone ever reported someone for a HIPPA violation? (sm) - anon

Posted: Aug 02, 2010

The daughter of a friend of mine works in the clinic that I worked at for 18 years in medical records is known to read charts and then tell others about what she has read. For example, someone who has an STD that she knows, she has told lots of friends about it and I have heard it myself.

Does anyone have any idea what happens when you report someone for a violation? I am sure that they take the person's name who is reporting it but can you tell me what else is involved?

I know that it needs to be reported but honestly I am not sure that I want to get "caught up" in that type of drama and trust me mother and daughter are just alike, there will be LOTS of drama.

What would you do and what has been your experience?

Thanks so much for advice, replies, etc.!

I would stay out of it if you do not like drama. - sm

[ In Reply To ..]
Why doesn't the person who is being talked about report them? You are a bystander and may not even have all of the facts straight. I would stay out of it.

Because the person that she is talking about (sm) - anon

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has no idea that she is telling people what is in their medical record. She sat by my pool this weekend and told six people that this patient was in the clinic last week, who they saw, why they were there, their diagnosis and the treatment given. I was sat three feet from her when she was telling them. Afterwards I did pull her to the side and asked her if she realized how much trouble she could get into for telling people this and she shrugged her shoulders and said that she did not care. This just really bothers me for the obvious reasons and the fact that I happen to know this young man that she is talking about. However, with that said, I think that you are right, I think that I will just stay the heck out of it, lol.

I would definitely report her...NO DOUBT!..That is absolutely sickening.. - Sounds like she enjoys DRAMA!....nm

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.

I think you have an obligation to say somthing - Happy MT Robin

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Drama or no drama, I really think you have an obligation to say something to the clinic. How would you feel if this were YOUR medical records being bandied about in such a fashion and no one said anything to this child's employer?

On a side note, I'm not sure how friendly I could continue to be with the chid and/or mother knowing the drama and knowing the COMPLETE lack of humanity involved in the child. Even without a HIPAA issue, why would anyone feel the need to discuss someone else's STD except for malicious gossip? That's wrong on a number of counts.

Go to the doctor and tell them what you saw and what you said to the child. Let them take it from there. If she's lucky, the only thing they will do is fire her, which she well deserves.

I agree. Not only an obligation to the poor patient, (sm) - Rocky Raccoon

[ In Reply To ..]
but the fact that if she knows this breach of confidentiality took place, and took no action, would essentially make her an accomplice.

Reporting - PedalPshr

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Don't all of us MT have to sign a confidentiality/HIPAA compliant form upon employment? Anonymously place a copy of this on her desk as a reminder. Many have been fired from their jobs for this and can be prosecuted.

I would have no problem reporting - that behavior ...sm

[ In Reply To ..]
Further, I would have cut her off and prevented her from sharing this information if it were my pool.

I would have acted swiftly and decisively, and in front of the others.

That little girl was rude and obnoxious, and she really should not be in a position where she is privy to confidential records of any kind.

Confidentiality - Aspiring coder

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Before reporting it, you could just tactfully point out that it is a serious confidentiality breach and ask her how she would feel if the shoe were on the other foot. As a medical record employee, she certainly ought to be familiar with the laws, maybe she WANTS to get fired, there are actually people like that. Eventually she will probably get caught anyway if the wrong person overhears, these things generally have a way of resolving themselves. As an employee, you actually have a responsibility to report HIPAA violations, but I can understand not wanting to get involved.

An additional note - Aspring coder

[ In Reply To ..]
Sorry, I had not read that you had already spoken to her once. In these situations I think that managment handles it confidentially and may just say that the matter was brought to their attention and take it from there. If this situation were as bad as you say, I would stop it before it gets worse. The other co-workers who sit and listen and do nothing are just as bad, glad I don't work in that office, lol!

confidentiality - Tara

[ In Reply To ..]
I have never reported someone, but someone reported me thinking that because I worked in the facility that I was talking about them, which I indeed had not and never would. The employer talked to me about it of course, but wouldn't say who the patient was that had come to talk to them about it. If it's a decent employer, they won't reveal their source and indeed you can ask them not to. It also looks good on your part that you are willing to go the extra mile for the employer.

Hippa officer - TwinMom

[ In Reply To ..]
There is someone in the clinic who is the Hippa compliance officer - that's where you need to start. A call to the patient or the family of the patient might be a kindness as well. In one office I was in the office manager was the compliance officer but in another the medical records manager was the compliance officer. The patient deserves for you to at least make a report even if you mail it anonymously.

What if it was your information she was "leaking" - MT with MS

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Think about if it was your own information being given out. I worked in a 500-bed major hospital. My co-workers knew I had MS before I did. I did report it.

Definitely report her. The patient by law has to be - sm

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notified that their information was given out inappropriately and it could backfire on you and/or the facility if it is found out another way.

to work in Medical Records, she had to sign a Confidentiality form. - she should lose her job. n/m

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nm

HIPAA - deenibeeni

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x

Go for it girl, - this is an ethics issue.

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Definitely, I would check with the HIPAA compliance officer at that office first, then if necessary and nothing is done, go to HIPAA directly. Standing up against something as illegal is this, I would consider it my obligation as an honest ethical worker to report this activity.

Complaint - MT67

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Here's where you can file: http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

If you choose to do so. You don't have to go to the doc, and you're protected against backlash of any sort.

HIPPA violation - How can someone be so dumb

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Rite Aid was just fined 1 million because they threw information in the trash. This person knowingly and probably maliciously, gave out information to people at a gathering, that person should be reported. I would sue that person if I found out they did that to me or my family.

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