Hipaa Violation

[casey.braico]

What is the name of your state (only U.S. law)? Arizona

Okay, first off if this is in the wrong forum, please let me know where to re-post it to if anybody knows. I couldn't really find one that hipaa issues would fall under.

I am employed by a hospital but I actually work for the hospital contracted childcare center on the campus. I bring my children to the child care center while I am working. To bring your children there, you must be employed by the hospital.

This being said, my son was seen yesterday in the emergency room. The diagnosis ended up being an ear infection and tube dysfunction in his ears. At his visit yesterday the nurse we had was another parent whose child attends the center where I work. For reference, her child is not even in the same classroom as my children. My son was also seen last week for a bad cough with breathing difficulty. The said nurse was not present during that visit.

Today my boss (the childcare center director) comes and asks me if I have recently spoken with any parents about my son being diagnosed with croup. I told her that, no I had not, I have mentioned to some other employees of our center (not the rest of the hospital) about him being sick last week. Conversation ensues and I figure out that the nurse is the one who told her. She then confirmed this, let me know the reason she was asking me was because she was concerned about privacy issues. We walk over and both speak with the nurse administrator who lets us know that a privacy officer will be contacted for an investigation, etc.

I'm wondering what, if anything, the repercussions will be for this nurse. I am extremely uncomfortable with my private information being shared so readily. Also, am I entitled to anything over this privacy violation if the investigation turns up that it was a hipaa violation (which it will).

Need any more information, please ask. I'd be happy to answer anything.

 

[casey.braico]

Also...

Just to add, in case anyone is wondering, no I did not break any rules when taking my child to the center. He was seen on Wednesday and did not return to daycare until Friday which doesn't break any type of rules as far as how long they'd need to be out when sick. For most illnesses it is just 24 hours after they have begun treatment that they are able to come back.

 

[I'mTheFather]

The nurse may be fired over this.... or she may receive a formal reprimand... or she may get her hand slapped.... or maybe just a stern talking-to.

You are entitled to know that the violation will be reported.

That's about it.

You know, I realize it's privileged information, but really... All this drama because she mentioned that your son has croup?

 

[ecmst12]

Whatever repercussions would be up to her employer. More likely than not, you will NOT be informed about them. Nor should you, since disciplinary issues are between the employee and their supervisor.

No, you are not entitled to anything. You work for a healthcare provider, you should know more about HIPAA than that. There are NO provisions for anything to be paid to the victim of a violation, and you have suffered no damages to justify a civil suit.

 

[casey.braico]

I am a preschool teacher. Of course I know what the hipaa guidelines are so I don't break them, but no I do not know any of the legality of it beyond that.

Whatever repercussions would be up to her employer. More likely than not, you will NOT be informed about them. Nor should you, since disciplinary issues are between the employee and their supervisor.

No, you are not entitled to anything. You work for a healthcare provider, you should know more about HIPAA than that. There are NO provisions for anything to be paid to the victim of a violation, and you have suffered no damages to justify a civil suit.

 

[I'mTheFather]

By the way, you just told the world about your son's croup. I'm not sure why the nurse's slip is so important.

 

[casey.braico]

By the way, you just told the world about your son's croup. I'm not sure why the nurse's slip is so important.

When did I say he was diagnosed with croup? I said she told my boss that, after he was seen for a bad cough. I described the cough as "croupy" when I went in.

It's besides the fact. It wasn't a slip. She intentionally went in there and sat down in the office to tell them, despite their attempts to get her to stop talking about it. Idk if it is because she thought he shouldnt be in daycare because he had a cough a week ago, or what.

 

[casey.braico]

The nurse may be fired over this.... or she may receive a formal reprimand... or she may get her hand slapped.... or maybe just a stern talking-to.

You are entitled to know that the violation will be reported.

That's about it.

You know, I realize it's privileged information, but really... All this drama because she mentioned that your son has croup?

Because she seemed to be trying to cause a problem for me. That's the way both me, the director, and the assistant director took it. Why I do not know. She was either trying to cause a problem for me, or the center, and my son's health care information is not the route she needed to use to do so.

 

[I'mTheFather]

Well, then, it sounds as though she was repeating incorrectly what you had already told others. If he didn't have croup, then what did she divulge?

 

[casey.braico]

Well, then, it sounds as though she was repeating incorrectly what you had already told others. If he didn't have croup, then what did she divulge?

Idk if the paperwork said croup, they just didnt say that to me.

The fact it I feel very violated that information was shared out of turn. To my BOSS. What if me or one of my children was being seen for a more private/personal issue? Would I be hearing about it at work the next day? This is the ONLY hospital within an hour of where I live and I work there. I should be able to know if we are seen there that it won't be shared, since that is the law and all.

She was TRYING to cause a problem.

 

[LAWMED]

Idk if the paperwork said croup, they just didnt say that to me.

The fact it I feel very violated that information was shared out of turn. To my BOSS. What if me or one of my children was being seen for a more private/personal issue? Would I be hearing about it at work the next day? This is the ONLY hospital within an hour of where I live and I work there. I should be able to know if we are seen there that it won't be shared, since that is the law and all.

She was TRYING to cause a problem.

IF she violated HIPAA (divulged protected health information she obtained by virtue of her job as a nurse in the ER where your child was seen) not only can she be fire, but if reported to the board of nursing she can have her license disciplined up to and including suspension or revocation. They take this stuff VERY seriously.

 

[ecmst12]

But you still won't be entitled to any money.

 

[LAWMED]

But you still won't be entitled to any money.

Absolutely correct. HIPAA violations do not give rise to a civil cause of action (you cannot file a lawsuit based on them).

And since the OP asks "Also, am I entitled to anything over this privacy violation if the investigation turns up that it was a hipaa violation (which it will)." The answer is NO. However one can always sue for 'invasion of privacy', but damages must be proven with particularity. Meaning you have to show you suffered actual harm, and that that harm is such that monetary relief would redress it. Being upset that an ER nurse told someone at your child's school that your child was ill with a communicable (but non-stigma attached) disease (viral laryngotracheobronchitis, or 'Croup' vs, say HIV) likely does not constitute harm for which the court can provide relief.

 

[DoctorBlind]

ECMST12,

Rather than being nasty with your response, just answer people's questions. Do you answer everyone's questions with an attitude and as if you are passing judgement on them? Some things you write are just plain unnecessary, like the CAPLOCKED "NOT" as if shouting and "you should know more about HIPAA than that"are just little jabs.

It gives these forums a negative feel. JUst my opinion (I'm sure others have sensed it, however).

Very uncool

Whatever repercussions would be up to her employer. More likely than not, you will NOT be informed about them. Nor should you, since disciplinary issues are between the employee and their supervisor.

No, you are not entitled to anything. You work for a healthcare provider, you should know more about HIPAA than that. There are NO provisions for anything to be paid to the victim of a violation, and you have suffered no damages to justify a civil suit.

 

[ecmst12]

And it's very rude to revive old threads when you have nothing to add to the conversation.