Inconsistent rule enforcement (we're talking HIPAA here, folks!)

[rph3664]

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I found out today that the child of one of my former bosses recently had a procedure, and she called the pharmacy to yell at whoever answered because his post-op meds hadn't been entered into the computer yet.

So, what was she doing signing onto the computer while she was off the clock, accessing her son's chart? Hello, she shouldn't be working there any more, folks!

I thought IT flagged charts for things like this.

 

[All4MyDaughter]

I found out today that the child of one of my former bosses recently had a procedure, and she called the pharmacy to yell at whoever answered because his post-op meds hadn't been entered into the computer yet.

So, what was she doing signing onto the computer while she was off the clock, accessing her son's chart? Hello, she shouldn't be working there any more, folks!

I thought IT flagged charts for things like this.

I don't think this is a HIPAA violation. It's probably a violation of some sort of internal privacy policy. But it's not really release of PHI to an unauthorized individual. It's definitely not cool. 👎

The person who told you might have committed a HIPAA violation though!

 

[BMBiology]

I found out today that the child of one of my former bosses recently had a procedure, and she called the pharmacy to yell at whoever answered because his post-op meds hadn't been entered into the computer yet.

who cares! you dont work there anymore.

 

[rph3664]

I don't think this is a HIPAA violation. It's probably a violation of some sort of internal privacy policy. But it's not really release of PHI to an unauthorized individual. It's definitely not cool. 👎

The person who told you might have committed a HIPAA violation though!

You may be right about the second sentence; I didn't ask how she found this out. It might well have been from a source outside the hospital.

People HAVE been fired, and even disciplined by state boards, for looking up their own or a relative's medical records. Where I worked, looking up one's own records was not prohibited but it was strongly discouraged.

 

[owlegrad]

who cares! you dont work there anymore.

She does seem to stay remarkably in the know about a place she doesn't work anymore. I would have no interest in all the latest news about a place where I was fired. To each their own.

 

[deleted205891]

What is the problem here? If her son is a minor, she should be able to know about his meds. Is the problem that this person was off the clock at the time? Though the pharmacist was off the clock, I assume she was still employed there.

I had to get a medication a few weeks ago at a different pharmacy within the chain where I work, and I kept looking in the system if it was done or not. I was on the clock. Is the only difference that the person was off the clock, and that makes it unlawful? Or was I not supposed to be able to have access to information about my own medication? That doesn't make sense. If I didn't look, I wouldn't know that they had trouble billing my insurance.

 

[rph3664]

She does seem to stay remarkably in the know about a place she doesn't work anymore. I would have no interest in all the latest news about a place where I was fired. To each their own.

I liked the overwhelming majority of my co-workers and miss them, and many of us are on Facebook. I also leave my house occasionally, KWIM?

 

[owlegrad]

You may be right about the second sentence; I didn't ask how she found this out. It might well have been from a source outside the hospital.

People HAVE been fired, and even disciplined by state boards, for looking up their own or a relative's medical records. Where I worked, looking up one's own records was not prohibited but it was strongly discouraged.

This was drilled into us our first year. Apparently there was an incident some years ago where an unspecified famous person was being treated at Shands Hospital. A pharmacy student used their access to look up this person's medical record. I don't know what happened to the student, but my college is very interested in making sure the same thing never happens again.

 

[cycloketocaine]

This was drilled into us our first year. Apparently there was an incident some years ago where an unspecified famous person was being treated at Shands Hospital. A pharmacy student used their access to look up this person's medical record. I don't know what happened to the student, but my college is very interested in making sure the same thing never happens again.

Yeah, this isn't the same type of situation. This was a clear violation because the student was looking up someone else's information.

I guess the question is.....is it legally wrong for someone to look up their own records? (Or their minor child's records?)

 

[All4MyDaughter]

Yeah, this isn't the same type of situation. This was a clear violation because the student was looking up someone else's information.

I guess the question is.....is it legally wrong for someone to look up their own records? (Or their minor child's records?)

Where I work (VA) we can't access our own records AT ALL. We also can't look at any patient records (family, friends or otherwise) unless it's for a legit patient care issue. But, that's a VA policy.

I still don't think this is a HIPAA violation. Maybe a violation of some sort of workplace policy (depending on the workplace, of course).

 

[cycloketocaine]

I still don't think this is a HIPAA violation. Maybe a violation of some sort of workplace policy (depending on the workplace, of course).

Me either. Maybe an internal issue, don't think it's a legal one.

 

[awval999]

Where I work (VA) we can't access our own records AT ALL. We also can't look at any patient records (family, friends or otherwise) unless it's for a legit patient care issue. But, that's a VA policy.

I still don't think this is a HIPAA violation. Maybe a violation of some sort of workplace policy (depending on the workplace, of course).

I assume there is a process to access your medical records just as a layperson would have the same opportunity, correct?

 

[All4MyDaughter]

I assume there is a process to access your medical records just as a layperson would have the same opportunity, correct?

Yes through the Release of Information office. I just can't pull them up in the CPRS system or in the VISTA pharmacy system. I tried when I was training some fellow pharmacy students once. I wanted to use my profile to play around and show them the system's functionality, but I couldn't.

Oh and all VA employee health records are considered "Sensitive" so when another employee opens them they get a warning that basically says "Are you sure you want to look at this sensitive file?" and they have to give an affirmative response. It's logged and a list is maintained by the Information Security Officer. That's to keep people from misusing their access to sensitive information on co-workers, I guess.

 

[rxlea]

That would be a HIPAA violation here at my hospital. Well, "privacy" violation. You WILL get canned. Also, we get lots of famous people. It's pretty strict here.

 

[rph3664]

I guess the question is.....is it legally wrong for someone to look up their own records?

There have been situations where someone looked up their own record, and found out this way that they did indeed have AIDS, cancer, etc. This is the main reason why it is so strongly discouraged.

You can certainly look at your own chart, or that of a dependent, with the cooperation of the facility. This is not infrequently done to correct billing discrepancies (i.e. a 70-year-old man being billed for 20 pregnancy tests, or things much less obviously wrong).

 

[KARM12]

My hospital's policy is that you are allowed to access your own medical record, however you must have a release signed in order to access the chart of a child or relative.

 

[All4MyDaughter]

My hospital's policy is that you are allowed to access your own medical record, however you must have a release signed in order to access the chart of a child or relative.

Who would sign the release to allow you to look at your child's record?

 

[KARM12]

Who would sign the release to allow you to look at your child's record?

No, as a guardian you sign a release that allows you to look at your own child's medical records. It is a roundabout way, but since it isn't your own personal record, they make you sign a release to have on file.