In December 2024, a Canadian nurse licensing agency enforced the stiffest penalty ever for unauthorized access to medical records. The nurse allegedly looked at unauthorized records and disclosed their content to other parties. To show the seriousness with which the agency viewed “snooping” into medical records, the eight-month suspension was one of the toughest of the year. The only nurse disciplined more harshly in 2024 had been convicted of sex crimes. While these nurses were disciplined under Canadian law, U.S. states follow similar licensing and confidentiality laws. In the US, these laws are reflected in federal confidentiality regulations (or HIPAA) and state licensing board confidentiality requirements.

If you are a nurse or other medical professional accused of unauthorized viewing of medical records or any type of confidentiality violation, the Lento Law Firm can help. We have a wealth of experience representing nurses and a proven track record of results. Call the Lento Law Firm at 888-535-3686 or submit your details online, and we will contact you.

HIPAA Rules and Violations

The Health Insurance Portability and Accountability Act, or HIPAA, requires nurses, doctors, and other medical caregivers to keep patient information confidential. The clinic or hospital providing access to patient information must ensure that staff comply with HIPAA regulations, and the failure to do so results in large fines and potential liability. Therefore, clinics and hospitals take violations of HIPAA very seriously, as do nursing boards.

Examples of HIPAA violations include:

• Accessing patient records of a patient the nurse is not treating.
• Disclosing patient records to another person (including unauthorized colleagues).
• Gossiping about a patient to friends or family, including any information on patient illness or other status.
• Stealing and selling patient information.
• Treating patient records in such a way that unauthorized viewing is possible, such as throwing them in regular trash.
• Using another person's credentials to access medical records or sharing logins with colleagues.

While many of these behaviors may seem relatively innocuous, nursing or medical boards take HIPAA violations very seriously and punish them harshly.

HIPPA Complaint Process

Anyone can file a HIPAA complaint with the Department of Health and Human Services (HSS). Sometimes, an employer may be obligated to report a violation of HIPAA to HSS. If HSS accepts a HIPAA complaint for investigation, they will request information from the clinic or hospital. When this happens, your employer may tell you about the investigation. The clinic or hospital responds to the HIPAA complaint and the HHS decides if a violation occurred and enforces a penalty, including a fine, corrective action, or other resolution agreement. The clinic or hospital may act against an employee nurse and inform the nursing board. As a result, the nursing board may charge the nurse for breach of patient confidentiality.

Nursing Boards and Alleged Breaches of Patient Confidentiality

Under nursing board regulations, nurses have a professional responsibility to keep medical records accurately and confidentially. Even in the absence of a HIPAA violation, a nurse may be charged with failure to maintain medical records or other breaches of confidentiality.

How the Lento Law Firm Can Help

The Lento Law Firm is experienced in defending nurses and other medical professionals accused of confidentiality violations and other disciplinary charges. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or submit your details online, and we will contact you.