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  1. #1
    Join Date
    Feb 2015
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    2

    Default Professional Consequence of Unauthorized Access to a Medical Record

    My question involves public health law in the State of: Texas

    I just received a text from a disgruntled father of my daughter (we were never married) stating that he is going to give his ex-wife a copy of an audit that was done of me accessing her medical record so she can file a complaint to the Board of Nursing, Health and Human Services, and the Office of Civil Rights.

    For one I never accessed her medical records nor his. I will admit, I looked in our system for his address/phone number since I was trying to find out contact info for him to proceed with child support case.

    Is there a statute of limitation for HIPAA? How much trouble can I get into? I do not want to lose my RN license even though now my current job does not involve patients or medical records. If I am going to be in trouble, what type of lawyer do I need to contact? Ugh, I am so distraught now. He is just mad because after 10 years, he finally got caught and has to pay child support.

    Help!

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: HIPAA and Access

    No, he's mad because you accessed information you had no business accessing.

    What happens now depends on several factors. Yes, timing might be an issue. You may find that your employer is hit with a fine, or nothing at all.

    All you can do really is bide your time and if something does happen, that's when you keep quiet and get yourself to an attorney before anything else is said or done.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Professional Consequence of Unauthorized Access to a Medical Record

    Why was the audit performed, and how did your ex- end up with a copy?
    Quote Quoting flipchic34
    View Post
    Is there a statute of limitation for HIPAA?
    A HIPAA investigation would not be of you -- it would be of your employer. You would have to investigate your employer's policies to see what consequence an employer might impose, should you be found to have violated its policies. Is this a former employer?
    Quote Quoting flipchic34
    How much trouble can I get into?
    Does the audit trail show that you accessed only the contact information, or does it indicate that you accessed somebody's medical record without indicating what portion of that record (some or all) you accessed?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,158

    Default Re: Professional Consequence of Unauthorized Access to a Medical Record

    Quote Quoting flipchic34
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    I do not want to lose my RN license
    Then I suggest you spend some time on the TX Board of Nursing website and review the disciplinary rules and regulation to see just what kind of risk you might have gotten yourself into.

  5. #5
    Join Date
    Feb 2015
    Posts
    2

    Default Re: Professional Consequence of Unauthorized Access to a Medical Record

    Quote Quoting Mr. Knowitall
    View Post
    Why was the audit performed, and how did your ex- end up with a copy? I don't know why the audit was performed nor how my ex end up with a copy. I am assuming he wanted to know how I got his address.

    Is this a former employer? And yes it is a former employer.

    Does the audit trail show that you accessed only the contact information, or does it indicate that you accessed somebody's medical record without indicating what portion of that record (some or all) you accessed?
    It only showed access to contact information no medical records.

    - - - Updated - - -

    What kind of attorney should I get?

  6. #6
    Join Date
    Mar 2013
    Posts
    18,158

    Default Re: Professional Consequence of Unauthorized Access to a Medical Record

    Quote Quoting flipchic34
    View Post

    What kind of attorney should I get?
    Start by looking for labor attorneys. Then make phone calls and ask if they handle your kind of case.

  7. #7
    Join Date
    Sep 2005
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    98,846

    Default Re: Professional Consequence of Unauthorized Access to a Medical Record

    Quote Quoting flipchic34
    View Post
    What kind of attorney should I get?
    Attorney for what? If you are the subject of a licensing action, you would speak to a lawyer who handles licensing defense.

  8. #8
    Join Date
    Jun 2014
    Posts
    3,201

    Default Re: Professional Consequence of Unauthorized Access to a Medical Record

    How do you know that he has proof ? Did you admit to him doing it after he said he had proof ?

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