HIPAA and my rights......

[Meherenow]

Some background: I live in WI. I'm a Registered Nurse in a large metropolitan hospital. I work in the float pool at my hospital, third shift. I only float to inpatient units, no ICU's, surgery or any other areas, just Med/Surg inpatients and only third shift. I enjoy floating because I can avoid the politics of the individual units, I don't have to work with the same people every night, I can choose my schedule and the pay is greater. I don't fraternize with coworkers and I like to keep my professional life separate from my personal life, so I don't have any close relationships at my place of employment nor do I see coworkers outside my job.

Three weeks ago after working my regular night shift and upon arriving home, I fell on some ice in my backyard and broke my arm. Since my place of employment is a wonderful trauma hospital, I returned there to get treatment. I was seen in the ER, (I've never worked there nor do I know anyone in that dept.), and the MD stated my arm would need surgical repair. My arm was splinted and in a few days I returned to the same hospital to have outpatient surgery to repair my arm and was released home the same day. (I have never worked in surgery nor do I know anyone in that dept.)

The only people I've been in contact with regarding my injury were the supervisors of the float pool, and the occupational health dept. regarding my medical leave. I have not talked to any of the staff on any of the floors I've worked on and I hadn't planned on it since my surgery is none of their business.

Yesterday I received a get well card in the mail from a nurse on one of the floors I've worked on, whom I hardly know, stating she was "so sorry to hear about" my accident and injury. Is this not a violation of HIPAA? I had no intention of devulging my personal information to people I have worked with, nor do I feel it's any of their business. I also don't know where this staff nurse got my address since I'm not listed in the phone book and she couldn't even spell my last name correctly.

I now feel that there are staff members discussing my condition without my knowledge or consent. I'm not just an employee at this hospital, I'm also a patient! And every staff member has access to anyone's medical records through the computers we use on the units. If they know about my situation, there's nothing to stop them from looking me up on the computer!

I feel my rights have been violated. Am I right to feel this way? Should I file a complaint?

 

[ecmst12]

It may be a technical violation(or maybe not), but for god's sake, your co-workers were TRYING to be nice and send you a get well card! Perhaps they were just told that you had an accident and would be out for a while! And there's nothing wrong with that, employers give that kind of information to other employees all the time. If someone is going to be out of work for a while, co-workers wonder and if no details are given, there's nothing wrong with making a statement like that. Sharing information that you have as an employer about an employee going out on disability does not fall under the realm of HIPAA; only information that someone has as your healthcare provider is covered.

Seriously though, what are your damages? Not that you can usually sue for a HIPAA violation anyway, but what, do you feel smothered by kindness and well wishes?

 

[ellencee]

Some background: I live in WI. I'm a Registered Nurse in a large metropolitan hospital. I work in the float pool at my hospital, third shift. I only float to inpatient units, no ICU's, surgery or any other areas, just Med/Surg inpatients and only third shift. I enjoy floating because I can avoid the politics of the individual units, I don't have to work with the same people every night, I can choose my schedule and the pay is greater. I don't fraternize with coworkers and I like to keep my professional life separate from my personal life, so I don't have any close relationships at my place of employment nor do I see coworkers outside my job.

Three weeks ago after working my regular night shift and upon arriving home, I fell on some ice in my backyard and broke my arm. Since my place of employment is a wonderful trauma hospital, I returned there to get treatment. I was seen in the ER, (I've never worked there nor do I know anyone in that dept.), and the MD stated my arm would need surgical repair. My arm was splinted and in a few days I returned to the same hospital to have outpatient surgery to repair my arm and was released home the same day. (I have never worked in surgery nor do I know anyone in that dept.)

The only people I've been in contact with regarding my injury were the supervisors of the float pool, and the occupational health dept. regarding my medical leave. I have not talked to any of the staff on any of the floors I've worked on and I hadn't planned on it since my surgery is none of their business.

Yesterday I received a get well card in the mail from a nurse on one of the floors I've worked on, whom I hardly know, stating she was "so sorry to hear about" my accident and injury. Is this not a violation of HIPAA? I had no intention of devulging my personal information to people I have worked with, nor do I feel it's any of their business. I also don't know where this staff nurse got my address since I'm not listed in the phone book and she couldn't even spell my last name correctly.

I now feel that there are staff members discussing my condition without my knowledge or consent. I'm not just an employee at this hospital, I'm also a patient! And every staff member has access to anyone's medical records through the computers we use on the units. If they know about my situation, there's nothing to stop them from looking me up on the computer!

I feel my rights have been violated. Am I right to feel this way? Should I file a complaint?

Surely, you jest.
Surely, you cannot want to file a HIPAA complaint because a co-worker sent you a get well card?

My advice? Consult with a psychiatrist.

EC

 

[Meherenow]

As I said earlier, I am also a patient at this hospital, so is not my medical information protected? I do not feel smothered by kindness, I feel the nosy staff members who sit around gossiping all the time now have information about me that they can easily look up on the work computers.

 

[fairisfair]

my advice, quick leave before your birthday rolls around. They might actually bake you a CAKE!!!!

 

[fairisfair]

As I said earlier, I am also a patient at this hospital, so is not my medical information protected? I do not feel smothered by kindness, I feel the nosy staff members who sit around gossiping all the time now have information about me that they can easily look up on the work computers.

Yeah, your medical information is protected. Now if only you could have been invisible while you were being treated, then no one would have known you were there. Ellen is right, you really need a consult with a mental health expert to address your fears.

 

[Meherenow]

Thank you all for your jokes and abuse. One calls me a nut, thanks. I guess my privacy is a joke to you all. You're a bunch of jerks.

 

[panzertanker]

, I feel the nosy staff members who sit around gossiping all the time now have information about me that they can easily look up on the work computers.

If they do, and had no direct patient contact with you, they will be in violation of hospital computer usage and privacy policies and will be subject to discipline.

In the meantime: you are free to go to the HIPAA site and file a complaint.

WHY you would is beyond me, but you are free to do so.

 

[BelizeBreeze]

Yesterday I received a get well card in the mail from a nurse on one of the floors I've worked on, whom I hardly know, stating she was "so sorry to hear about" my accident and injury. Is this not a violation of HIPAA?
?

No, plain and simple. Any other response or any other facts will not change the fact that you have no idea what HIPPA entails.

 

[fairisfair]

Thank you all for your jokes and abuse. One calls me a nut, thanks. I guess my privacy is a joke to you all. You're a bunch of jerks.

OMG, if you were so worried about someone seeing you being treated for a broken arm
(which by the way, is hardly a sensitive medical condition) you should have gone to an ER at a hospital where no one knew you. Sorry, but you are being ridiculous. File a complaint if it will make you feel better.

 

[ecmst12]

As I said earlier, I am also a patient at this hospital, so is not my medical information protected? I do not feel smothered by kindness, I feel the nosy staff members who sit around gossiping all the time now have information about me that they can easily look up on the work computers.

And you have no proof that this is how they obtained the information, so you have no idea if HIPAA was violated or not. Like I said, there are plenty of legal ways the information could have gotten out. As mentioned, you can file a complaint if you want, I just think you're being paranoid. This "gossip" you're so concerned about is probably nothing more then "Oh I heard Nurse so-and-so fell and hurt herself, I hope she's ok!" "Do you think she'll be back soon?" That kind of thing. It doesn't mean anyone is looking up your records on the computers or trying to find out your private information, it just means your co-workers know you got hurt and won't be at work and are concerned(and possibly also curious) about you.

 

[Meherenow]

I believe you are the ones who are making a big deal. I don't want to sue anyone, I'm not looking for money, I just thought, from the training I received in such matters, that ANY information was not to be discussed by people not involved in my case. That's what I was told by my employer during our HIPAA training. CONFIDENTIALITY is utmost, or so I was told.

I've been on floors where other staff asked about people who were on med. leaves and they were told right out that no info could be given out. I've worked on units where employees were patients and no one but the actual nurse caring for that person could know ANYTHING that was going on with the patient. I just felt I was not treated with the same respect.

Maybe you all should see a shrink and simmer down, or get real lawyers who actually have some knowledge on the subjects to reply. I thought this was a serious site where one could get serious info. Even if I'm wrong, I didn't expect to be made fun of. Leave the poor levity for Comedy Central. You're very mean jaded people.

Good day.

 

[Meherenow]

I'm willing to bet your answers would have been different if I had said I was diagnosed with AIDS or some other disease.

 

[ellencee]

You'd think a nurse would know HIPAA guidelines and requirements, but since the OP doesn't...let's leave it up to the OP look it up and read it.

EC

 

[BelizeBreeze]

I'm willing to bet your answers would have been different if I had said I was diagnosed with AIDS or some other disease.

Based on the facts presented in your post, my answer would have stood. I sincerely hope you take a refresher course on HIPPA and legal theory. I'll leave you to figure that out.