Have you ever found yourself in a setting where you're talking about someone, only to discover that person is standing nearby and overheard you? That kind of innocent mistake can turn into a HIPAA violation if a nurse is talking about a patient.
How HIPAA Works
HIPAA, the Health Insurance Portability and Accountability Act, requires medical professionals to keep identifiable health information out of sight (and earshot) from those not authorized to see it. The notion of keeping patient information confidential may sound basic, but it's surprising how many everyday activities can unintentionally expose personal health information (PHI) to outsiders. When that happens, nurses who were involved could be reported to their state nursing boards, setting off an investigation. A nursing board investigation may lead to a number of penalties ranging from fines, to suspension, and even license revocation. The Lento Law Firm's nationwide Professional License Defense Team represents nurses who have been accused of HIPAA violations. If you find yourself accused of a HIPAA violation, a member of our team can explain how HIPAA investigations work, help you understand your rights, and provide you with an effective defense. Call us toll-free at 888-535-3686 or or click here.
Nurses' HIPAA Violations Can Make National News
News stories reveal a wide range of nursing activities that led to HIPAA violations. While some were glaringly obvious–such as uploading photos and videos of mentally impaired patients to social networks–others were seemingly benign and harmed no one. Regardless, HIPAA rules dictate that any sharing of PHI without patient consent constitutes a violation.
Thus, nurses have found themselves accused of HIPAA violations arising out of seemingly harmless activities, many related to social media. In one case, a nurse snapped a photo of a senior living resident in the home's dining room and posted it on her Facebook page with the caption, “This is my friend.” Another nurse posted a video of a patient telling a joke. Yet another nurse was on a video call with her sister and handed the phone to the patient, telling her, “Say hi to my sister.”
All of these seemingly innocent activities were cited as HIPAA violations. Even if a violation results in no harm, once it gets reported to state authorities, it could end up on a nurse's state licensing board record.
The degree to which a state licensing board punishes a nurse will depend on a variety of factors, including:
- the nurse's level of training and experience;
- whether the violation was intentional or an accident;
- whether there have been prior violations; and
- what (if any) harmful consequences occurred.
While some HIPAA violations are motivated by money–such as hospital nurses who've been paid to pass along celebrity patients' medical information to tabloid reporters, or the ER nurses who sold car-accident victims' names and phone numbers to personal injury lawyers and chiropractors–the vast majority are accidental. They may be due to inattention, such as a nurse's station computer screen that's facing outward toward visitors, or not enough rest, such as the nurse who threw medical records containing dozens of patients' PHI into a trash bin without first shredding it. Regardless of the cause, if the state licensing board asks for an explanation, you're far better off being represented by an experienced Lento Law Firm professional license defense attorney than if you handle it on your own. Call us today toll-free at 888-535-3686 or click here.
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