Getting fired for viewing your own medical record (Viola, Iola: health, requirements)

[SuperPlus75]

But....I find it funny is because I can EVEN read other patients' medical records while I put new coding such as putting labels on folders and such. My job is called where I work in medical records department. I can even see mine too. Other people who work same what I do, they look at other patients' files/folders as well while they do the new coding, putting labels on folders and such. But then, it was few years ago before new HIPPA came up though. However, Its nonsense if you cannot see your own medical records.

[brettenwolf]

Again, the issue is whether one is using a portal of access that they are approved to use and whether they have use the formal avenues required for accessing their own medical records. You do own your own medical information, but since there are specific situations where a physician can legally refuse to give you access to specific medical information (info that is deemed to be dangerous to you or others, drug/alcohol abuse info, etc), then formal avenues MUST be followed so these exceptions can be screened for.

[JacksonPanther]

I have worked in medical software for the last 7 years.

First of all, you can be fired for viewing your own record. You can be fired for viewing any record if you are not authorized to do so, even your own.

That being said, you should not get fired unless you were trained on HIPPA, at which time they would have trained you on the rules, and you wouldn't be asking on this board - you would already know. So if you were not trained on HIPPA, I would not expect a firing on the first offense. You should get a formal warning not to do it again.

Do it again, and you WILL be fired, with cause, no unemployment insurance.

[PicturedRocks]

I was suspended today 5 days, no pay, final warning and I had no previous warnings. They have a new soft wear that is big brother like and your name spits out to Human Resources when you look at your records. I looked at my records with a doctor but we entered with my own account.

[sunnyandcloudydays]

Seems to me the hospital is very compliant with the law and has a no tolerance level regardless if its your record or not

it would also seem anyone would have been advised thru their employment contract of any rules regarding this issue

i can certainly see why one one guard this rule

[trailerguy]

I work for a bank and we have a similar rule against accessing our own accounts. I think the feeling is that if you have a concern about your own health and test records you should contact your doctor, the same as any other patient, rather than using your position to do an end-run around established procedures. It is actually a pretty short trip from looking up your own records to looking up stuff for your mother or best friend or neighbor or some guy you met at a party. Then privacy and security rules (many are legally mandated) go all to heck.

[Probender]

I just checked again with my wife who is in the area of hospital management that deals with HIPPA laws.
According to her, and she knows the laws inside and out; if you are an hospital employee who in your normal line of duties has access to patients records you ARE allowed to look at your own records.
If you are an employee, such as a nurse, that has direct care of a patient you are allowed to look at that patients records.
You cannot look at anyone who is not in your care.
You are also allowed to look at patients records if you deal with records, stats or other things that would require you to do so.
If you aren't involved directly with records, you can still request and receive a copy of your entire records on file, without any doctors or anyone else's approval.
You cannot request and receive others records.
My wife can look at anyone's record at anytime if it is involved in anyway with her duties as a hospital manager but she cannot look at mine because I am her husband even though she has my medical power of attorney.
Lots of weird laws, IMO.
I imagine your problem was using the hospital system when you shouldn't have and it was just an infraction of hospital rules, not HIPPA laws.
If they suspended you for looking at your personal records when you have access to all records, then you have a complaint to pursue
When you sign a consent to let the hospital treat you, in essance you are signing an agreement to allow yourself to view your records along with anyone else who may need to see them.

[sunnyandcloudydays]

Originally Posted by Probender

I just checked again with my wife who is in the area of hospital management that deals with HIPPA laws.
According to her, and she knows the laws inside and out; if you are an hospital employee who in your normal line of duties has access to patients records you ARE allowed to look at your own records.
If you are an employee, such as a nurse, that has direct care of a patient you are allowed to look at that patients records.
You cannot look at anyone who is not in your care.
You are also allowed to look at patients records if you deal with records, stats or other things that would require you to do so.
If you aren't involved directly with records, you can still request and receive a copy of your entire records on file, without any doctors or anyone else's approval.
You cannot request and receive others records.
My wife can look at anyone's record at anytime if it is involved in anyway with her duties as a hospital manager but she cannot look at mine because I am her husband even though she has my medical power of attorney.
Lots of weird laws, IMO.
I imagine your problem was using the hospital system when you shouldn't have and it was just an infraction of hospital rules, not HIPPA laws.
If they suspended you for looking at your personal records when you have access to all records, then you have a complaint to pursue
When you sign a consent to let the hospital treat you, in essance you are signing an agreement to allow yourself to view your records along with anyone else who may need to see them.

So that is according to HIPPA law but a medical facility can have their own set of guidelines too. Emploment at will , either party can terminate the relationship at any time for any reason. that is how I always understood this law. Now it gets to be a gray area where peoples sensitive credit, health and personal records are maintained. Just last year I heard of a gal who was fired for not shredding a credit file.
Always thought a good investment would be to get in with a company who destroys medical records or any record that is sensitive

[travelin'bones]

I have worked for many hospitals as a nurse. The rules vary from facility to facility. Some hospitals' policy states you may view your own, others you may not.

[earlsgirl2007]

Technically tho the records dont belong to you. They belong to the hospital. They made them so they can decide what to do with them. Just because it is something about you doesnt mean you own it and therefore whoever does own them can tell you what to do, or in this case, what not to do. Learned this is a medical law and ethics class