Protecting patients’ confidential health information is not only a fundamental ethical duty but also a legal requirement under HIPAA (The Health Insurance Portability and Accountability Act). When healthcare professionals mishandle confidential patient records, it not only violates the patient’s rights but also exposes them to potential harm. A nurse attorney plays a crucial role in cases involving the mishandling of confidential patient information and potential HIPAA violations. A nurse attorney can provide legal representation if the RN is subject to HIPAA investigations or legal actions, ensuring their rights are protected throughout the process.
At the time of the initial incident, he was employed as an RN at a medical facility in San Antonio, Texas, and had been in that position for one (1) year.
On or about August 8, 2021, while employed as an RN at a medical facility in San Antonio, Texas, RN removed confidential personal health information of a patient without authorization and failed to properly handle medical records in that he removed the narcotic count sheet from the facility and threw it in a dumpster. RN’s conduct exposed the patient unnecessarily to a risk of harm from use, accessing or disclosure of his confidential medical information without his written authorization and constitutes a violation of HIPAA (The Health Insurance Portability and Accountability Act).
In response to the above incident, RN admits to removing the labels and the count sheet, but states he threw them into the paper shred box, not in the dumpster.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(E) and 22 TEX. ADMIN. CODE §217.12 (1)(A), (1)(B),(1)(C)&(4).
A case was ultimately filed against him before the Texas Board of Nursing (BON). The said allegation was fatal to the RN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled his case was not able to properly defend his interests and rights before the Board. The Texas Board of Nursing (BON) found him guilty of the offense alleged in the complaint and decided to place his RN license under disciplinary action.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 500 nurse cases for the past 17 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.