What to do now?

[LMarie]

What is the name of your state?What is the name of your state?What is the name of your state? CO

Workplace is in healthcare. Records are easily accessed by everyone. One employee "S" mentions (to everyone in general) that she needs a babysitter and she is going to ask another employee "M" to help her out. Third employee "J" walks up and says "you really don't want to do that - her whole family is taking too many drugs". The thing is that this family is on no drugs at all and "M" is a well respected employee. It is no secret that "J" does not like "M" but "M" has no problems with "J". "J" has also said this same thing about another employee.

This was confided in me and I was asked not to say anything. My dilemma: I see huge HIPAA violations if this contiunes (who know what else "J" has been spreading around or will say next), not to mention slandering? a perfectly good employee and their family. I am going to talk to the person who confided in me to see if they will go report this to Mgmt. If they don't should I? I don't want to lose the trust of my fellow co-workers but I see this as an issue of protecting the workplace as well as an innocent person.

 

[mlane58]

First off I didn't read anything in your post that remotely violated HIPPA. Making derogatory statements about a co-worker and their families has nothing to do with HIPPA and isn't illegal. I do agree that this kind of behavior doesn't belong in the workplace and yes you should report it to either management or your HR department.

 

[LMarie]

The reason I mentioned HIPAA is because this employee has access to some of my (and my family's) medical records but has absolutely no reason to look-up these records. If she is looking up records for her own use that do not pertain to her job then isn't that a violation of HIPAA? and if this employee doing this to a least two people whose to say there aren't more?

 

[mlane58]

If she is looking up records for her own use that do not pertain to her job then isn't that a violation of HIPAA?

"IF" is the key. Is she or isn't she looking at your medical records? If she is, it is a clear violation and you should report it to your supervisor or the person in charge of the clinic.

 

[LMarie]

I believe she is because she has said this about other employees as well. However I cannot be 100% sure that she has been looking at other peoples files. Our company (not me) does have the ability to check the computers to see who and what she has been specifically looking up. All of our records are computerized. Do you think that comments like these warrant a check on her activities?

 

[mlane58]

Do you think that comments like these warrant a check on her activities?

Thats up to whom ever you report it to and the management.

 

[LMarie]

Thank you very much for your advice. I did talk to the person who told me all of this and they are going to take it to Mgmt. I think it would be much better coming from them directly rather than me - who is just hearing it second hand.