HIPPA Violations - your thoughts?

Question

This is real but names are changed.
Sue works at a hospital. Her friend Karen thinks she is pregnant. Sue buys a test at the drugstore and helps Karen with it - in Karen's home. Result is negative. Karen administers another test herself at home, shows it to Sue who through her experience determines test is damaged and cannot be read. Karen insists its positive. Karen later goes to Sue's workplace for another test. Sue does not see results from her workplace.
Over 6 months later, Karen & Sue get into a fight. Next day Karen goes to Sue's employer and claims Sue violated HIPPA privacy regulations & must have viewed her personal medical records at the hospital.
Obviously, the employer is now in the middle but must investigate the allegations to comply with the laws.
What do you make of this? Who would you side with if you were the employer? Would you consider timing (over 6mos) and day after a personal argument amongst former friends?

I know Sue. We are just worried that her employment could be suspended - even temporarily - while this is investigated. Hopefully all the facts will show this is being done by an angered former friend and the employer will see that.

Karen sent copies of some of her medical test results via e-mail to Sue and a number of other friends. Karen is angry because from the beginning (6 months ago) Sue told her she was probably not pregnant. Sue did not have access to her records at her workplace, but did through the e-mails Karen sent.

Answer 1

HIPPA is touchy....Sue should take all her documentation to the HR person who is investigating. If i were sue, i would request a simple 3-way meeting with sue -karen and the hr rep to rectify the problem...it clearly is not a HIPPA violation, but is enough of a problem that it may hinder proper care at a hospital level..these two need to work this out..they don't need to be BEST FRIENDS...but they do need to talk this out and come to an understanding that neither was really at fault.

this is more a personnel issue than a HIPPA issue and the HIPPA was used as a trump card (much like OJ using the Black card)....

good luck..i know this cannnot be easy.

suggest the meeting...it may help

Answer 2

HIPPA ? If a patient makes an appointment with another physician and she was NOT referred to this physician by her primary doctor. The specialty physician calls the patients primary for medical records. Only the medical records that would be helpful for the specialist was sent. The patient was not called and informed that this would be done. Is this a violation? Again the primary DID NOT refer the patient to this physician. The patient made the appointment on her own accord. Should the Primary Care Office have called the patient for permission before sending records.

Answer 3

Did Sue tell someone about Karen's medical condition? Is Sue authorized by her employer to have access to medical records? If Sue told someone else than she will be fired. If she is not authorized to look at medical records . . . she will probably be fired. My father is a cardiologist - HIPPA is a medical gestapo. Just being associated with a potential violation is enough for termination - sad but true. Your friend should expect to start getting "performance evaluations" for minor infractions - chewing gum, excessive breaks . . . it will all go down hill from there. Sad but true.

Answer 4

So the employer investigates and finds no violations. So what's the harm?

Answer 5

Hard to prove either way. so courts must side with Defendant. As a matter of law.