Creston woman claims violation of HIPAA

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A former employee of Greater Regional Medical Center has filed a complaint with the U.S. Office for Civil Rights claiming the hospital violated her rights regarding privacy of her medical records. Brigitte Brus, who was a nurse in the homecare/hospice department of Greater Regional Medical Center at the time of the alleged incident, claims the hospital did not abide by the Federal Standards for Privacy of Individually Identifiable Health Information, specifically citing violation of the Health Insurance Portability and Accountability Act (HIPAA). Title II of HIPAA, the Administrative Simplification (AS) provisions, among other things, requires the security and privacy of health data. Complaint According to Brus’ complaint, in April 2007, she was treated in the emergency room of Greater Regional. At the time, she states, she had concerns about the privacy of her medical records and was assured by hospital staff that no hospital employee, including her supervisor, would have access to her records. She said her concern was because she knew her supervisors regularly checked emergency room records for homecare/hospice referrals and hospital census information for potential clients for homecare. She states, she also had medical testing done in November 2007 and shortly after, found copies of her November test and a portion of the April emergency room record lying loose in her mailbox at work. Brus claims she then reported the incident to the hospital’s HIPAA privacy officer, but no action was taken on an investigation of her claim until she inquired on Jan. 3 of this year. At that time, Brus states, she also reported the incident to the hospital chief executive officer. Report Brus says the privacy officer requested that Brus show her copies of the records that were in her mailbox. Brus states that she had been laid off from the department on Dec. 21, 2007, and the records had been left in a file on her desk. She further states, after receiving permission to enter the area, she could only find part of the records she left there. Brus said, she received a letter from the HIPAA officer after the hospital’s investigation, and was told her supervisor had accessed Brus’ records and the supervisor had indicated that Brus verbally told her to get the records. Brus claims this is not true, and there was no signed consent, nor was there a witness to such a verbal conversation. Brus said, she once again addressed the hospital CEO and was told no violation had occurred. Request In the claim, Brus requests the Office of Civil Rights, a division of the U.S. Department of Health and Human Services, investigate this occurrence and “to look into instance of homecare/hospice supervisors accessing census information on the hospital floor on a daily basis, and the ER visit records for potential referrals. I am unsure if a written consent is obtained before they access the files.” A letter to Brus, dated Feb. 22 from the Office of Civil Rights, indicates Brus’ complaint has been assigned and an investigation will be forthcoming. The hospital issued the following statement regarding this issue: “At this time, Greater Regional Medical Center has no knowledge that a formal complaint has been filed with the Office of Civil Rights. If a complaint has been filed, Greater Regional will then cooperate fully with any resulting investigation.” —————— Stephani Finley can be reached at (641) 782-2141 ext. 237 or sfinley@crestonnews.com