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HIPAA, HITECH & HIT Legal Issues, Developments and Other Pertinent Information Relating To The Creation, Use and Exchange of Electronic Health Records

16 Houston Hospital Employees Fired for Snooping

Posted in HIPAA Enforcement

Harris County Hospital District, a Houston area health system, has fired 16 employees for HIPAA violations, according to the Houston Chronicle. The employees reportedly accessed the records of a first-year resident being trained at one of the District’s hospitals, following the resident’s admission for treatment of injuries she suffered in a shooting incdent in a supermarket parking lot.

HIPAA requires a covered entity to adopt and apply "appropriate sanctions" against members of its workforce who fail to comply with the privacy policies and procedures of the covered entity or the HIPAA privacy rule.  The department of Health and Human Services stated in the preamble to the rule that the type of sanction applied would vary depending on factors such as the severity of the violation, whether the violation was intentional or unintentional, and whether the violation indicated a pattern or practice of improper use or disclosure of protected health information. Sanctions could range from a warning to termination.

The Harris County Hospital District may have elected to terminate the employees to send a strong message that "snooping" in records, even where a co-worker is the patient, will not be tolerated for any reason.

  • Mary

    Wonder how this all ended up? I know someone who was fired for a HIPAA violation. She accessed her daughter-in-laws records (with her daughter-in-laws\’ approval and request) after her daughter-in-law was admitted for eclampsia and delivery of a 14 week premature baby. They were scheduled to take the baby home and then were told they couldn\’t; the parents were beside themselves and the person fired said that the OB-GYN was at fault not the mother. She does not know who, but someone told the hospital to do some checking and she was found to have accessed her daughter-in-law\’s records and was subsequently fired for that without any kind of investigation or asking anyone if she had permission. From this it sounds as if you have permission then it should be OK…. this was a one-time occurrence and she has had exemplary service with this hospital for 30 years. Thank you!