excessive discipline in the workplace

[cougar86]

Thank you for this website. This is my first post. My problem is quite lenghty, but I would appreciate ANY advice, input you could offer.
My 6yo stepdaughter came to my house for her scheduled visit and told us she was seen in the ER for pill "poisoning" earlier in the week and Children's services were involved. Not a word from her mother about this. NOTE: we have shared parenting and I have a signed consent from her father for complete care of the child.
I work at a physicians office and our computer is connected to the hospital computer. I obtained a copy of that report in order to make sure she did not need any medical follow up while she was in my care. I asked our secretary to print it for me and I secured the document immediately.
My office discovered this and immediately labeled it a HIPAA violation. The secretary was minimally disciplined. My evaluations are perfect, never been disciplined. This is what my employer has done to me:
- seized the otherwise secure document, made me sign an acknowlegement, or be fired, and return the document with signed acknowlegement to the hospital (I had to give it to an administrator at my work)
- sent me home 1/2 day, but instructed me to return to work the next day
- let me work the full shift, then sent me home for an additional 3 days until the Board of Directors could make a decision on how to discipline me. This 3days fell over a weekend which was in fact 5 days wondering what they were going to do, specifically concerned about termination.
- then went to work to be told I would be suspended an additional 7days (all without pay)
- I would have to be on 2 years probation and any further disciplinary action would result in termination
- I had to sign that plan for discipline or be fired
- report of my discipline was forwarded to the hospital "so they will know we took this seriously"
- I would have to sign a re-entry agreement (whatever that is) or my suspension will continue until further action by the Board of Directors.
- Furthermore, my license regulatory board was notified
I am so angry and hurt. The financial strain and emotional stress they have placed on me seems to be so unjust.
There response is, "well, at least we let you keep your job. we could have fired you".
I want paid for those days off and I want that taken out of my personnel file - I must continue working there until the regulatory board finished their investigation and until I can recover financially, but I am really lacking a desire to do the "above and beyond" work my employer has grown to expect from me.
Is this truly a HIPAA violation by me?
Are my employers actions excessive to the point that I can seek reimbursement or even make them accountable for these actions?
Thank you

 

[Duranie]

Since you are a legal stranger to the child, I can see how this could be a HIPPA violation. Because Dad give you some rights does not mean you have the right to her medical files.
At this point I agree that you could have been fired and if you seek to have your employer reimburse you for time off they probably will terminate you and that could be legal.

Your best bet is to see an employment law attorney to see if this was in fact a HIPPA violation and if it was, your hands are probably tied to seek reimbursement.

 

[cbg]

I'm sorry, this is a hot button item for me. It's not HIPPA. It's HIPAA.

Even if it is not a HIPAA violation (and unless you had the father's written permission to access the record, I believe it was), the employer is still entitled to discipline you for inappropriate conduct. It is most unlikely, and by most unlikely I mean unlikely to the point of absurdity, that the law will force them to rescind any of the discipline. The law rarely if ever, in the absence of outright illegality on the part of the employer (which this is not) or a bona fide contract or CBA that specifies how discipline must be handled (which you did not mention) interferes with how an employer disciplines their employees.

 

[cougar86]

Thank you for your input. This is what I am looking for. I guess I am resigned that if it is a HIPAA violation (and I do have written permission from the father) then so be it. I believe my employer is persuing this on the means of getting the information rather than my right to obtain it. Regardless . .
I think what really puts a bitter taste in my mouth is the cruelty of my employer . .
- sent home for a 1/2 day
- worked the next day a full shift
- sent home for a 3 day suspension
- unsure if I was even going to keep my job at that point
- then an additional 7 day suspension and threatened to be terminated if I did not sign a plan for discipline which included ANOTHER paper I need to sign upon my return to work called a "re-entry agreement"
- I have requested to review the "re-entry agreement" prior to my scheduled shift, to which I have been refused.
- if I do not sign the re-entry agreement, my suspension will continue "until further action by the board"
- the hospital got a report of my discipline plan
I have never been treated like this!! You get disciplined and you move on . . you don't do damage that stays long after the incident and expect the employee to perform.
I wholeheartedly agree - - HIPAA is a hot spot. I believe a good idea has taken on a life of it's own and we have factored out common sense and the very essense of the medical profession - taking care of those charged to our service. Meaning, in any medical profession you are taught confidentiality, patient safety, respect for others at every stage in their life - do no harm. With all due respect, attorneys love HIPAA because it makes sometimes easily resolved situations turn into a huge issue - the old mountain-out-of-molehill theory. And good intending, hard-working American citizens that make a mistake or a lapse in judgement or whatever you want to call it are left defending their very livelihood.
Thank you, again, for your input and for letting me vent a little bit here. I still appreciate any input and would love any direction you care to offer.
I am certain it will all work out. I am certain I will be unable to remain at my current job. I am certain that I will continue to touch lives and make a positive difference to many others, even if it is someplace else - it is all I know, it is who I am.

 

[irish223]

NOTE: we have shared parenting and I have a signed consent from her father for complete care of the child.

If this is the same child you referred to in your other thread, then legally there is no shared parenting agreement. IMO, the father had no legal right to give any consent regarding her medical care or treatment, so accessing her medical record was a clear violation of HIPAA.

http://www.thelaw.com/forums/showthread.php?t=28839

I also think you're lucky you still have the job.

 

[cougar86]

I again thank you. I will call myself mis-informed and try to make the best of this situation.