Question

You are at work in a healthcare facility. You happen to notice a nurse practitioner reviewing the medical records of her ex-husband.   You also know that there is no authorization on file granting additional access to this record. Should the nurse be terminated?   To whom should this be reported (e.g., the husband, the state board of nursing, HHS)? What actions must the employer take? Find the applicable law and cite it. Do any exceptions to the law apply to this fact pattern? How? What additional facts might lead to a different conclusion? What would that new conclusion be? Explain.

Answer 1

The federal law does not allow to have access for any patient information even if they are closely associated with the patient unless the patient gives a written consent for access to his/ her information as a 'personal representative'.

Under HIPAA, it is clear that doctors, nurses, hospitals, insurance companies and sometimes the government can access the information to ensure the proper care is being provided to the patient and to verify the claims. other than that even a family member needs to get a written letter from the patient to access health information.