Getting fired for viewing your own medical record (insurance, attorney)

[prosportal]

I work at a hospital and we have Electronic Medical Records. I was told it was a HIPAA violation to view your own patient records from your own EMR ex: Radiology reports, lab reports, demographics...

Does anyone know if this is true? I'm curious because I'm being told that I'm on grounds for termination for viewing such. I would think if I give MYSELF consent to view my records, it shouldn't be any type of violation.

Can someone lend a knowledgable hand?

-prosportal

[karlsch]

HIPAA Administrative Safeguards..........
"Access to EPHI must be restricted to only those employees who have a need for it to complete their job function."

[Avengerfire]

Originally Posted by karlsch

HIPAA Administrative Safeguards..........
"Access to EPHI must be restricted to only those employees who have a need for it to complete their job function."

What kind of bull crap world do we live in now where you cannot view your own medical records? It makes me wonder what they are keeping from us.

[linicx]

You might have given yourself permission to look at your records, but did you sign a consent form? And who told you how to access the records? Their security sucks.. If I were you I would plead ignorance and promise to avoid hospital computers.

[karlsch]

Originally Posted by Avengerfire

What kind of bull crap world do we live in now where you cannot view your own medical records? It makes me wonder what they are keeping from us.

People can look at their medical records. They just can't do it by circumventing the very necessary privacy safeguards.

Access to computerized medical records must be closely controlled or they will fall into unauthorized hands - insurance companies, prospective employers, blackmailers, etc.

You can't let every yahoo who says that "I'm only going to look at my records access the system." It doesn't take much of an imagination to see how that wouldn't work.

[Grannysroost]

You should be able to look at your own, doesn't make sense to give yourself consent to look at something that is yours...You cannot look at anyone elses for the sake of looking, if a patient and you are working with them fine, but can't go ....say look up your neighbor..for the heck of it, and if working with patients, cannot talk about anything you know...., for ex: sisters friend just got diagnosed with cancer...cannot tell the sister..

I have a granddaughter with kidney problems that I have custody of, I look at hers periodically to make sure are right...and I do transcription, so am well aware of mistake issues and outsourcing.

If EMR - they may have to print if you want to look at your own, if you do not have normal access for patient care.

[ladyaset]

I took a medical law class (mandatory) and we were taught that you don't own your medical record. Even though it's all you, you don't own it. The hospital and your dr owns it. I do not know which HIPAA law though that was violated. From what I understand, a doctor has to approve any information which is given out, so maybe that was the issue.

[travelin'on]

At my hospital they use to say we couldn't, now we can. No need for permission or paperwork if only looking at yourself. If, however, you are wanting to look at a family members, they must sign a consent in order for you to do so legally if the pt. is older 12. I may be wrong on the 12, could be 13. I work for a huge hospital that is always very specific and compliant to all legal aspects.

[rnlovely]

Did the hospital have a specific policy written in relationship to viewin your own medical records at the time that you viewed yours? If not, I don't see how they can hold you to an infraction that they never addressed by policy. I would contact the corporate headquarters of the hospital (maybe anonymously) and find out there position on the matter. Sometimes individual units managed by different people tend to make up rules as they go along (depending on whether or not they "like" you). Good luck let us know how it turns out.

[Probender]

My wife is in management at a hospital here in Illinois. She deals in regulations and their compliance. She said any hospital employee can legally look at their own records as long as they can prove who they are.
But with the new Hipaa laws she can't look up mine even though I am her husband and she has medical power of attorney.