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HIPAA Violation, NOT

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Ivyrose1

Junior Member
What is the name of your state (only U.S. law)? NC
I was terminated for a "HIPAA violation" for answering a question from the case manager. We had just concluded a progression meeting when the case manager asked what kind of surgery a patient had had. The patient happened to also be an employee of the hospital. I answered her question. 6 weeks later I am terminated for having been reported for a HIPAA violation. I don't understand how telling the case manager who is part of the progression team what surgery a patient had is a HIPPA violation. The purpose of the progression meeting is to discuss patient problems and progress to facilitate shorter patient stays. If it is ok to discuss the patients in the meeting ten why was it a violation to answer the case managers question? If She had a right to know about the patient during the meeting why was it a violation for her to know 2 minutes after the meeting when no one had moved from where we were sitting and no one had joined the group?

This makes no since to me. I have always taken HIPAA seriously and would not intentionally violate HIPAA especially for a fellow employee.
I was not given a written disciplinary action termination form at my termination. I was told I was being terminated for violating HIPAA and because I had a leadership position I was to set an example. I had set a bad example and had put the hospital and my self at risk of being sued. Not real sure how since the patient shouldn't have known about the exchange during the meeting unless someone told her. If that were the case, isn't that an even bigger problem?

I appreciate any thought and or advice on thi s matter.
 


lealea1005

Senior Member
What is the name of your state (only U.S. law)? NC
I was terminated for a "HIPAA violation" for answering a question from the case manager. We had just concluded a progression meeting when the case manager asked what kind of surgery a patient had had. The patient happened to also be an employee of the hospital. I answered her question. 6 weeks later I am terminated for having been reported for a HIPAA violation. I don't understand how telling the case manager who is part of the progression team what surgery a patient had is a HIPPA violation. The purpose of the progression meeting is to discuss patient problems and progress to facilitate shorter patient stays. If it is ok to discuss the patients in the meeting ten why was it a violation to answer the case managers question? If She had a right to know about the patient during the meeting why was it a violation for her to know 2 minutes after the meeting when no one had moved from where we were sitting and no one had joined the group?

This makes no since to me. I have always taken HIPAA seriously and would not intentionally violate HIPAA especially for a fellow employee.
I was not given a written disciplinary action termination form at my termination. I was told I was being terminated for violating HIPAA and because I had a leadership position I was to set an example. I had set a bad example and had put the hospital and my self at risk of being sued. Not real sure how since the patient shouldn't have known about the exchange during the meeting unless someone told her. If that were the case, isn't that an even bigger problem?

I appreciate any thought and or advice on thi s matter.
Was that particular patient's case discussed during the meeting?
 

Ivyrose1

Junior Member
The employee/patient was skipped in the discussion, if I remember correctly.
How can they still fire me if it wasn't a violation?
 

lealea1005

Senior Member
The employee/patient was skipped in the discussion, if I remember correctly.How can they still fire me if it wasn't a violation?

If there was no discussion of that patient/employee during the meeting, one would assume the case manager asked about the surgery out of curiosity, not because the knowledge was a necessary part of the meeting. That amounts to gossip and, therefore, a violation.
 

Ivyrose1

Junior Member
So the case manager didn't have a right to know about this patient? Even thought we had discussed each and every other patient. Because the progression nurse didn't say why this patient was here and the case manager had to ask , my telling her was a violation?
 

lealea1005

Senior Member
So the case manager didn't have a right to know about this patient?

No, not if that particular patient/employee's case wasn't being discussed. If she wanted information so badly, why didn't she just open the chart herself?

Even thought we had discussed each and every other patient. Because the progression nurse didn't say why this patient was here and the case manager had to ask , my telling her was a violation?
Quite simply, yes.
 

ecmst12

Senior Member
See, I thought it was the same patient you had been discussing in the meeting. Since it was not, I agree it was a violation. The case manager did not have a legitimate business need for the information at that time.
 

cbg

I'm a Northern Girl
How can they still fire me if it was not a violation?

Where did you get the idea that there had to be a violation before you could be terminated? You can be fired for any reason that does not expressly violate the law. If your employer feels that you behaved improperly, you can be fired whether it was a HIPAA violation or not.
 

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