Peer/chart reviews HIPPA violations?

[killian74]

PA

Is it a HIPPA violation if another staff member of the same hospital or medical operation to reviews a chart? The provider in question reviews charts for "QA purposes" but is not directly involved with the care provided.
Is there a limit on who can be a chart auditer? Can any staff member look a chart as long as they were doing it for review puropses? Can the company put limits on who reviews the chart?
BACKROUND: I work for a pre-hospital provider where the next shift looks at the previous days trips for "QA purposes." Can the employer limit who reviews the charts? Is it a HIPPA violation if the chart is reviewed by an employee who was not a "designated reviewer" for the day? Keep in mind this employee reviews charts for this company on a regular basis, usually the previous days trips. Can the company daily or hourly change who is authorized to review the records?

All records are electronic and are password protected at inital secured site logon; if this matters.

I really need sound advice as a career is most likely at stake. Time is of the essence on this matter.

 

[killian74]

What I've learned so far....

Ok, so far I have learned that peer reviews are seen as allowable under T.P.O. rulings. This being Treatment, Payment, or Operational issues. Reviews fall under the operational side of the ruling. So..... Hippa violations usually occur when someone maliciously intends to violate the law and/or by using the obtained information for personal or financial gain. None of this was done in the above case. What I still need to know is Can the employer change HOURLY who can be authorized to review the charts. Is this a Hipaa violation or merely a breach of company policy?

 

[Job_Hunting]

This does not sound like a HIPAA violation-- So long as the employee is viewing charts for operational purposes and not personal curiosity.

However, you should be able to request from your employer that your own chart (and all employees) be restricted so only certain individuals such as mgmt. can access it.