how to report a nurse for having patient files on personal computer

Can nurses discuss patient medical information?

Discussing patient medical information is a routine nursing responsibility that creates many opportunities to accidentally reveal private patient details. HIPAA regulations allow minimal leniency in this regard, so long as practitioners take reasonable steps to protect patient information.

Why did nurse a seek access to patient records?

The tribunal found that Nurse A opportunistically sought access to the health records to seek information which he could use to his advantage in his disputes with the patients and to damage some of the patients’ reputations, whose privacy he breached.

Should nurses leave hard copies of sensitive information unattended?

Therefore, nurses are careful not to leave hard copies of sensitive patient information unattended. In fact, it’s a best practice to secure patient information in locked storage when it’s not needed in the immediate future. Additionally, practitioners make sure that record storage areas are locked and secure when not in use.

When to file an incident report as a nurse?

Consider the following examples as situations in which an incident report should be filed: You’re working as a nurse on an acute inpatient psych unit when one of the patients begins to act violently and attacks a staff member or another patient.

What is HIPAA violation in nursing?

A few ways nurses could violate HIPAA include: Disclosing confidential patient information through gossip, or discussing a patient in public areas such as in the cafeteria, stairs or elevator. Accessing information for patients not in their care. Improperly discarding documents that should be shredded.

What counts as a HIPAA violation?

What is a HIPAA Violation? The Health Insurance Portability and Accountability, or HIPAA, violations happen when the acquisition, access, use or disclosure of Protected Health Information (PHI) is done in a way that results in a significant personal risk of the patient.

What are 5 HIPAA violations?

5 Most Common HIPAA Privacy ViolationsLosing Devices. ... Getting Hacked. ... Employees Dishonestly Accessing Files. ... Improper Filing and Disposing of Documents. ... Releasing Patient Information After the Authorization Period Expires.

What are examples of HIPAA violations?

Here is the list of the top 10 most common HIPAA violations, and some advice on how to avoid them.Keeping Unsecured Records. ... Unencrypted Data. ... Hacking. ... Loss or Theft of Devices. ... Lack of Employee Training. ... Gossiping / Sharing PHI. ... Employee Dishonesty. ... Improper Disposal of Records.More items...•

What are 3 common HIPAA violations?

What Are Some Common HIPAA Violations?Stolen/lost laptop.Stolen/lost smart phone.Stolen/lost USB device.Malware incident.Ransomware attack.Hacking.Business associate breach.EHR breach.More items...•

What are the criminal penalties for improperly disclosing patient health information?

HIPAA violation fines can be issued up to a maximum level of $25,000 per violation category, per calendar year. The minimum fine applicable is $100 per violation.

What is the most common HIPAA violation among healthcare workers?

1. Failing to Secure and Encrypt Data. Perhaps the most common of all HIPAA violations is the failure to properly secure and encrypt data. In part, this is because there are so many different ways for this to happen.

What is the most common breach of confidentiality?

The most common patient confidentiality breaches fall into two categories: employee mistakes and unsecured access to PHI.

Is gossiping a HIPAA violation?

Employee Gossiping HIPAA violations are serious. Employees must not gossip or discuss their patients. Unfortunately, it is human nature to do so, so many people will find themselves engaging in it every once in a while. Train your employees to understand that this is a HIPAA violation.

How do you prove a HIPAA violation?

You need to name the person or hospital who violated HIPAA and give their accurate contact information for the complaint to be valid. You have 180 days to submit the claim from the day the situation occurs. If the HIPAA violation includes a criminal offense, you should bring the case to the Department of Justice (DOJ).

What is considered personal health information?

Protected health information (PHI), also referred to as personal health information, is the demographic information, medical histories, test and laboratory results, mental health conditions, insurance information and other data that a healthcare professional collects to identify an individual and determine appropriate ...

In which cases can a healthcare provider legally share patient information?

Where a patient is not present or is incapacitated, a health care provider may share the patient's information with family, friends, or others involved in the patient's care or payment for care, as long as the health care provider determines, based on professional judgment, that doing so is in the best interests of the ...

What happens when a nurse shares patient information with a person who is not a member of the healthcare team?

Most often, a breach can happen when a nurse shares patient information with a person who is not a member of the healthcare team or when a patient’s electronic medical record is accessed for a personal reason when a nurse is not providing care. A nurse discovered how far-reaching the obligation to uphold patient confidentiality policy is in ...

Why do nurses have a duty to patients?

Because the practice of nursing is a right granted by a state to protect those who need nursing care, nurses have a duty to patients to practice in a safe, competent, and responsible manner. This requires nurse licensees to practice in conformity with their state statutes and regulations.

What did the disciplined nurse appeals court say?

The nurse asked an appeals court to reverse the district court ruling, alleging she never shared the information with someone else and the board’s finding of a violation of the nurse practice act and rules was “irrational, illogical or wholly unjustifiable.”.

Why did the nurse check the ICU list?

The nurse’s reason for checking the lists was to determine ICU staffing and whether she would be required to work her assigned shifts. The nurse was told her actions were in violation of the hospital’s “information security policies” when employees were in a remote location and did not seek authorization.

What did the appellate court say about the nurse practice act?

The appellate court was very clear about the fact the board had the authority to discipline the nurse under the nurse practice act and its rules for unethical conduct. It also emphasized proof of actual injury (to a patient) need not be established.

What is HIPAA and Confidentiality: Practice May Change, But Principles Endure#N#(

HIPAA and Confidentiality: Practice May Change, But Principles Endure#N#(1 contact hr)#N#In this course, you will learn about parts of HIPAA, especially as they concern nursing and other health professionals and the protection of healthcare information. Because you play a key role in the production of healthcare information, you play a key role in its protection.

What happens if a nurse doesn't follow HIPPA?

If these laws and guidelines aren’t followed, a nurse could be held in violation of them and face serious consequences, including ( source ): Termination of their employment. Suspension of their license. Fines.

What are the consequences of being a nurse?

If these laws and guidelines aren’t followed, a nurse could be held in violation of them and face serious consequences, including ( source ): 1 Termination of their employment 2 Suspension of their license 3 Fines 4 Imprisonment

How long does it take to file a HIPAA complaint?

Complaints must be filed within 180 days of the HIPAA violation occurring. Along with following all HIPAA guidelines instructed by your employer, treat all patient information the way you would want your healthcare providers to treat your personal information.

Why is HIPAA important?

HIPAA matters for both patients and healthcare providers. Patients benefit the most from HIPAA, but healthcare providers do as well. For patients, they can rest assured that their personal information is being safeguarded as it’s communicated between healthcare providers and health insurance companies.

What is the consequence of HIPAA violations?

All discovered HIPAA violations come with a consequence, called a sanction. Sanctions can be as minor as retraining the employee on the rule they violated, to as severe as the termination of employment, fines, or imprisonment.

What is the last point of nursing?

Protecting the information contained within a patient’s medical record and ensuring confidentiality. The last point is what impacts the nursing profession the most. Nurses within a healthcare system may have access to patient records, but their handling of that information must be confidential, by law.

What happened before HIPAA?

Prior to HIPAA, there were no consequences if a patient’s personal and confidential information was leaked to an outside source, whether intentionally or accidentally. Now that safeguards are put in place, healthcare providers are more careful about how they handle patient information.

Why do nurse leaders use technology?

Nurse leaders use these systems to improve the quality of services, lower health care costs, and reduce medical errors. The technology has transformed and improved the way that nurse practitioners deliver services across all disciplines and throughout the treatment continuum.

What is nursing informatics?

Nursing informatics officers ensure that their peers understand HIT policies and procedures so that they can confidently and effectively fulfill important duties as corporate officers. As organizational executives, CNIOs stay abreast of the latest developments and best practices regarding health information technology.

What is HIPAA law?

HIPAA establishes nationwide standards regarding EHRs, health plans, mass medical information management, and care provider conduct when handling sensitive electronic patient records. [3] Under this rule, patients gain more control over the management of their medical details. HIPPA requires care providers to comply with safety measures that protect the privacy of patients’ health information. The law also limits what information care providers can share without patient consent.

What happens when a physical document has outlived its usefulness?

When a physical document has outlived its usefulness, nurses destroy the hard copy using officially designated handling procedures, such as shredding the expired document or depositing it in a locked bin for secure disposal later. When handled correctly, patient medical information can greatly improve the quality of service for individuals ...

Do nurses leave patient information unattended?

Therefore, nurses are careful not to leave hard copies of sensitive patient information unattended. In fact, it’s a best practice to secure patient information in locked storage when it’s not needed in the immediate future.

Can nurses access EHRs?

Nurse leaders can access electronic health records any place and at any time. EHRs aid them in making competent and informed treatment decisions and facilitating faster and safer health care services.

Is discussing patient medical information a nursing responsibility?

Discussing patient medical information is a routine nursing responsibility that creates many opportunities to accidentally reveal private patient details. HIPAA regulations allow minimal leniency in this regard, so long as practitioners take reasonable steps to protect patient information.

What did the nurse tell Doe about the STD?

While Doe was waiting for his treatment, the nurse texted her sister-in-law and told her Doe was being treated for the STD. The manner in which she texted this information led the sister-in-law to believe the staff was making fun of his diagnosis and treatment. The sister-in-law immediately forwarded the messages to Doe.

What is the importance of patient confidentiality?

What this case underscores about patient confidentiality is that there can be liability for a facility for its own duties to protect a patient’s medical information.

What did the letter to Doe from the President and CEO of the facility informing him of?

A letter was sent to Doe from the president and CEO of the facility informing Doe that an unauthorized disclosure of his confidential health information did occur, appropriate disciplinary action had been taken and steps put into place to prevent such a breach from happening in the future.

Is a medical facility responsible for safekeeping patient information?

The court opined that a medical facility’s duty of safekeeping a patient’s confidential medical information is “limited to those risks that are reasonably foreseeable and to actions within the scope of employment.”. Because the nurse’s misconduct did not meet these requirements, the facility cannot be held liable in this case or any other case in ...

Did Doe sue the nurse?

Apparently Doe did not name the nurse in his lawsuit but elected to sue only the facilities that either owned or provided staff and other support to the facility. Perhaps Doe thought this was how he could obtain the largest amount of a monetary award. If so, the decision was unwise at best.

When was Nurse A interviewed?

On 9 March 2015 Nurse A was interviewed by a panel comprising of Hospital B’s human resources manager, privacy information compliance manager and director of nursing. During that interview, Nurse A acknowledged accessing the relevant records but denied using or disclosing their contents. Nurse A stated in the interview that all of the information he had relayed in court documents was information that he was already aware of.

What was the nurse A tribunal?

The tribunal found that this was a most serious abuse of Nurse A’s professional position and thereby was characterised as professional misconduct. Nurse A was reprimanded and his registration suspended for six months.

How long was Nurse A suspended?

Nurse A was reprimanded and his registration suspended for six months. No matter what the intent or purpose, if nurses in an unauthorised manner access patient medical records – they need to remember: curiosity may kill the cat, but it will most certainly kill your career. Just don’t do it!

Who evaluates nursing reports?

State boards of nursing, which are in charge of nursing licensure, evaluate reports about nurses who may be unsafe. An attorney. Speaking to a nurse attorney or another attorney when considering reporting or in the aftermath of a safety issue can help nurses protect themselves. The public.

How can the nurse's problem be addressed?

The nurse's problem can now be addressed through treatment and confidential monitoring programs – and patients are no longer endangered. "It's important to say that 99% of nurses are extremely safe and very competent practitioners," Alexander emphasizes.

What are the problems with RNs?

Nurse practitioners and staff RNs report a variety of problems within health care facilities. Frequently reported issues include the following: 1 Inadequate staffing levels. 2 Lack of personal protective equipment and PPE violations. 3 Unsafe, unsanitary work environments. 4 Violence in areas such as emergency rooms and psychiatric units. 5 Colleagues whose unsafe practices endanger patients.

What is a nurse manager?

Sometimes called a head nurse, the nurse manager oversees operations for the entire unit and serves as a liaison between staff nurses and upper nursing and hospital management. Director of nursing.

What is a charge nurse?

With each new shift, a charge nurse is assigned to manage oncoming nurses on a particular unit, often in addition to his or her own direct patient care responsibilities. Nurse manager.

What is the job of a chief nursing officer?

Chief nursing officer. Also known as a chief nursing executive, the chief nursing officer usually reports to the hospital CEO. Risk management director. Also known as a hospital risk manager, this individual works proactively to prevent situations that could result in liability.

Can you report a fellow nurse?

It's hard to report on a fellow staff nurse or nurse employee but sometimes there's no other choice. State boards of nursing receive reports about nurses who may be unsafe.

Why is electronic documentation important in nursing?

The nursing process can be applied to electronic documentation to avoid workarounds and close gaps in communication. Effective use the EHR can improve patient safety and care outcomes. Clinical documentation supports patient care, improves clinical outcomes, and enhances interprofessional communication. When you document your assessments, plans, ...

What is the EHR project?

This project empowered our NPC members to evaluate their documentation practices and reflect on what they learned from the audits, quality reports, and data mining. It enabled them to look to their future practices in clinical documentation and follow through with the nursing process. The EHR documentation review and tools have become part of the curriculum for the nursing preceptor workshops and our new hire orientation.

Can EHRs reduce critical thinking skills?

However, when not used appropriately, EHRs can reduce nurses’ use of their critical-thinking skills, increase reliance on workarounds to bypass forms, and lead to errors and lost documentation. How can nurses take advantage of the benefits inherent in EHRs and eliminate some of the frustrations?

What are the concerns of nurses?

Stressing over getting the report done or about what to include are common concerns for nurses — not to mention worrying about whether filing the report reflects badly on your performance. Mistakes happen all the time, and healthcare facilities are not immune.

How long does it take to complete an incident report?

To ensure the details are as accurate as possible, incident reports should be completed within 24 hours by whomever witnessed the incident. If the incident wasn’t observed (e.g., a patient slipped, fell, and got up on his own), then the first person who was notified should submit it.

What is incident report?

An incident report is an electronic or paper document that provides a detailed, written account of the chain of events leading up to and following an unforeseen circumstance in a healthcare setting.

Why are incident reports important?

Incident reports are used to communicate important safety information to hospital administrators and keep them updated on aspects of patient care for the following purposes: Risk management. Incident report data is used to identify and eliminate potential risks necessary to prevent future mistakes.

What are some examples of reportable events in New York?

Examples: adverse reactions, equipment failure or misuse, medication errors.