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HIPAA Violation??????
Dallas, TX
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Posted 3 months ago in Health Care
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Doctor A. accesses Dr. B's hospital medical records to purposely, falsely and maliciously accuse (formally) Dr. B of inappropriate medical practices. There has never been a reason for either of them to access each other files because they have never consulted on patients or had a need to share patient information. Is this a HIPAA violation and how does Dr. B prove Dr. A. accessed the files?
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Answers (2)wallywalrus88
Posted 2 months ago.
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Medical infromation is on a need to know basis. Doctor A did not need to know. This is morally and ethicly wrong but I'm not sure its a HIPAA violation.
baltus
Posted about 1 month ago.
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Your facility's computer system most likely has an audit trail that the facility security officer or privacy officer can access to verify that Dr. A accessed Dr. B's patient files. The violation should be reported to the facility privacy officer for investigation. A copy of the Notice of Privacy Practices should be posted near the entrance to the facility and will include a phone number to show where privacy violations should be reported. This is a HIPAA violation if Dr. A was not caring for the patient. HIPAA allows access for treatment, payment and operations (TPO). Other than that, unless a disclosure is required by law, a signed authorization from the patient is needed.
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