Is this Legal????

coltsfan715

New member
Hey Emily it is HIPAA - Health Insurance Portability and Accountability Act of 1996 just looked it up to confirm. I couldn't remember sooo there it is.
Hope that helps.

Lindsey
 

coltsfan715

New member
Hey Emily it is HIPAA - Health Insurance Portability and Accountability Act of 1996 just looked it up to confirm. I couldn't remember sooo there it is.
Hope that helps.

Lindsey
 

julie

New member
HIPPA does not cover only medical facilities. It involves ANYONE involved in your medical care (which could be a teacher, principal, therapist, insurance company, social worker) and this teacher is clearly involved in her medical care. It wouldn't cover a friend or relative whom you shared your health information with "just because". She was compelled by the teacher at some point to disclose her health status and at that point the teacher became "involved in her care". She has a moral and legal obligation to keep information Jen shares with her confidential. As well as HIPPA, I am 100% positive that the school has a confidentiality policy.
 

julie

New member
HIPPA does not cover only medical facilities. It involves ANYONE involved in your medical care (which could be a teacher, principal, therapist, insurance company, social worker) and this teacher is clearly involved in her medical care. It wouldn't cover a friend or relative whom you shared your health information with "just because". She was compelled by the teacher at some point to disclose her health status and at that point the teacher became "involved in her care". She has a moral and legal obligation to keep information Jen shares with her confidential. As well as HIPPA, I am 100% positive that the school has a confidentiality policy.
 

JennifersHope

New member
Thanks guys.. I just got home. Oddly enough I got an email from the school saying not to show up for clinincal tomorrow unless I have my CPR card.on their desk today. which by the way I gave them a copy of a few days ago... So I just drove an hour to get to school one way.. made copies and left it on their desk.... I will bring a copy with me tomorrow as well...

I really appreciate all your wonderful support... I called my social worker who of course said what you all said... She thinks I should go to the dean of affairs and to the dean of the science department and report it.. Just in case I get graded unfairly... She told me to document everything without emotion just the facts... and she is going to speak to my doctor and call me tomorrow ....

She told me that it is totally illegal.. NO ONE has a right to my medical file.. The only thing the nursing office has a right to is to know if I am clear for clinical or not.. NOTHING ELSE PERIOD>>>>

All that said.... I don't know what to do..... I know it was wrong.... I know she is wrong..but you know what? she still has all the power.. and I want to graduate...I am DONE With school in 15 weeks.. DONE..my social worker said it could be a long 15 weeks... I have been working toward this for years.... I think I will just take it for now.. and see how my grades start turning out.... I am so afraid and scared.I don't remember being this afraid in a long time.. In an ideal world she probably would lose her job,,,, but this is reality.. THey have no one to take her place..she has been there for TWENTY something years... tenure and if I have to I will fight..but for now..I want to see if it will blow over.. TILL I GRADUATE..... Then I can do something....

I wish I wasn't so scared..but I worked so hard..and retalitation is a very real thing in this world..... I hope you are not mad at me.. for not fighting .right now...but I don't think I will win... NO one likes this women..none of the staff ... or anything.. Like I said up until now, the entire nursing staff has been so wonderful and so, so supportive..... I will tell you what .. I am going to talk more to my social worker tomorrow, and I am seeing Dr Fiel on Thursday.. so I will see what they say..but I want to be a nurse so bad.. that I think I am willing to take it and pray it blows over and that she finds someone else.... and if it doesn't get better do something.. I think I will talk off the record to the dean of academics.. she is a "friend"of mine.. I have spoken to her many times because I am the class representive.... and also I am an honor society that she oversees

Someone said that if the grades are subjective..but I meet all the objectives.. I can try to appeal it.....I am a 4.0 student.. right now or close to it... I should say.. so it would look weird if I started to fail... but I have seen nursing students be wiggled out of the program.....it just happends.... it isn't a fair system...like it should be....Maybe I can win her over somehow.....

Also my CF social worker said my doctor isn't going to tolerate such behavior and he will go in there and squash them... my doctor is very passionate for his patients..but I don't want him to....unless I start failing the class..

UGGG....

Thanks again for all your love ..... I really just want all this to go away...


Jennifer
 

JennifersHope

New member
Thanks guys.. I just got home. Oddly enough I got an email from the school saying not to show up for clinincal tomorrow unless I have my CPR card.on their desk today. which by the way I gave them a copy of a few days ago... So I just drove an hour to get to school one way.. made copies and left it on their desk.... I will bring a copy with me tomorrow as well...

I really appreciate all your wonderful support... I called my social worker who of course said what you all said... She thinks I should go to the dean of affairs and to the dean of the science department and report it.. Just in case I get graded unfairly... She told me to document everything without emotion just the facts... and she is going to speak to my doctor and call me tomorrow ....

She told me that it is totally illegal.. NO ONE has a right to my medical file.. The only thing the nursing office has a right to is to know if I am clear for clinical or not.. NOTHING ELSE PERIOD>>>>

All that said.... I don't know what to do..... I know it was wrong.... I know she is wrong..but you know what? she still has all the power.. and I want to graduate...I am DONE With school in 15 weeks.. DONE..my social worker said it could be a long 15 weeks... I have been working toward this for years.... I think I will just take it for now.. and see how my grades start turning out.... I am so afraid and scared.I don't remember being this afraid in a long time.. In an ideal world she probably would lose her job,,,, but this is reality.. THey have no one to take her place..she has been there for TWENTY something years... tenure and if I have to I will fight..but for now..I want to see if it will blow over.. TILL I GRADUATE..... Then I can do something....

I wish I wasn't so scared..but I worked so hard..and retalitation is a very real thing in this world..... I hope you are not mad at me.. for not fighting .right now...but I don't think I will win... NO one likes this women..none of the staff ... or anything.. Like I said up until now, the entire nursing staff has been so wonderful and so, so supportive..... I will tell you what .. I am going to talk more to my social worker tomorrow, and I am seeing Dr Fiel on Thursday.. so I will see what they say..but I want to be a nurse so bad.. that I think I am willing to take it and pray it blows over and that she finds someone else.... and if it doesn't get better do something.. I think I will talk off the record to the dean of academics.. she is a "friend"of mine.. I have spoken to her many times because I am the class representive.... and also I am an honor society that she oversees

Someone said that if the grades are subjective..but I meet all the objectives.. I can try to appeal it.....I am a 4.0 student.. right now or close to it... I should say.. so it would look weird if I started to fail... but I have seen nursing students be wiggled out of the program.....it just happends.... it isn't a fair system...like it should be....Maybe I can win her over somehow.....

Also my CF social worker said my doctor isn't going to tolerate such behavior and he will go in there and squash them... my doctor is very passionate for his patients..but I don't want him to....unless I start failing the class..

UGGG....

Thanks again for all your love ..... I really just want all this to go away...


Jennifer
 

Emily65Roses

New member
If you decide to hold on until you're done, that's your decision (and if it matters, I'm not mad at you for it --- I understand why you'd wait)... but do make sure to do something about it <i>after</i> you're done, at least. You can't let that *I have soooo many names I'd like to call her* get away with it.
 

Emily65Roses

New member
If you decide to hold on until you're done, that's your decision (and if it matters, I'm not mad at you for it --- I understand why you'd wait)... but do make sure to do something about it <i>after</i> you're done, at least. You can't let that *I have soooo many names I'd like to call her* get away with it.
 

Faust

New member
Of course you could cause her extreme property damage and know deep down inside that you won't get caught and she probably knows you did it, which is a little extra rewarding. Do something simple and easy and put a 5 lb bag of sugar in her gas tank, thats a GREAT way to punch someone in the wallet.
 

Faust

New member
Of course you could cause her extreme property damage and know deep down inside that you won't get caught and she probably knows you did it, which is a little extra rewarding. Do something simple and easy and put a 5 lb bag of sugar in her gas tank, thats a GREAT way to punch someone in the wallet.
 

julie

New member
Quite honestly, all things weighed... I would take it to the dean and report it now. That way if she does mark you down (because it sounds like she is determined to do whatever it takes to get you out, and failing you would do that) you have recourse, it won't be like, "oh, and by the way she did this...."

At least document it and give it to the dean in a sealed envelope, asked for it to be open at the end of the semester if anything adverse happens to you. That way he/she doesn't have to read it or act upon it now, but they have it in their hands.

Just an idea. I am glad you talked to your social worker.
 

julie

New member
Quite honestly, all things weighed... I would take it to the dean and report it now. That way if she does mark you down (because it sounds like she is determined to do whatever it takes to get you out, and failing you would do that) you have recourse, it won't be like, "oh, and by the way she did this...."

At least document it and give it to the dean in a sealed envelope, asked for it to be open at the end of the semester if anything adverse happens to you. That way he/she doesn't have to read it or act upon it now, but they have it in their hands.

Just an idea. I am glad you talked to your social worker.
 

HD

New member
Definetly talk to the dean! Do you mind me asking where you go to school? Please perserve we need good nurses!
 

HD

New member
Definetly talk to the dean! Do you mind me asking where you go to school? Please perserve we need good nurses!
 

anonymous

New member
I am so sorry that this is happening to you....its good that you are getting such great advice and support. I don't know all the HIPAA stuff, but as an educator she cannot give others confidential info about you either. Just imagine if she sat in that same office and was screaming out all the grades of the struggling students. (Actually, that wouldn't even be as bad- but know what I mean?) It is also completely understandable that you just want to make it through the next 15 weeks. The only thing I can suggest is to let others fight for you. In addition to all of the documenting, I would let others know that you are creating a paper trail. Have the dr's office call and say that in order for them to comply with such an "Unusual request regarding patient records and cofidentiality", they in turn will require a written request provided by the College Dean that is signed and dated for EVERY SINGLE weekly request. Then have the disability dept/office require that she also file a copy of ALL of these requests with their office. Then have the school nurse also require the same thing. Make sure that you copy and date any document ANYTHING that you hand in to her (like the CPR card). Evidence tends to get "lost" when it is most crucial. Keep a copy for yourself and with the disability office AND with the Dean of students. If there is nothing written specifically in her syllabus or the school rules, you should be allowed to record her lectures. Provide a friend with one of those recorders if you don't want to be the one to do it. Then do not turn off that recorder until you are safely away from her (your friend can always tag along). That way, if she does say something and then complains about being recorded, you can explain that she knew it was on for class and instructional purposes...as she is your instructor, her big mouth should have shut itself. After grades are turned in but before graduation give yourself the satisfaction of pulling out all this information that has been documented umpteen times and report it all to the Board of Directors/Board of Review/College Ombudsman and make her justify her discriminating actions. Tenure will not protect her if she is found guilty of such gross discrimination against a student. They may have to keep her in employment (although I doubt that) but she will not be director of anything anymore! I am getting angrier and angrier as I write this....but I truly feel for you. Please know that you are in my thoughts..I will post again if I get further info. Good luck with everything else and keep your head up-you have every right to be proud of your accomplishments in the program!!!
 

anonymous

New member
I am so sorry that this is happening to you....its good that you are getting such great advice and support. I don't know all the HIPAA stuff, but as an educator she cannot give others confidential info about you either. Just imagine if she sat in that same office and was screaming out all the grades of the struggling students. (Actually, that wouldn't even be as bad- but know what I mean?) It is also completely understandable that you just want to make it through the next 15 weeks. The only thing I can suggest is to let others fight for you. In addition to all of the documenting, I would let others know that you are creating a paper trail. Have the dr's office call and say that in order for them to comply with such an "Unusual request regarding patient records and cofidentiality", they in turn will require a written request provided by the College Dean that is signed and dated for EVERY SINGLE weekly request. Then have the disability dept/office require that she also file a copy of ALL of these requests with their office. Then have the school nurse also require the same thing. Make sure that you copy and date any document ANYTHING that you hand in to her (like the CPR card). Evidence tends to get "lost" when it is most crucial. Keep a copy for yourself and with the disability office AND with the Dean of students. If there is nothing written specifically in her syllabus or the school rules, you should be allowed to record her lectures. Provide a friend with one of those recorders if you don't want to be the one to do it. Then do not turn off that recorder until you are safely away from her (your friend can always tag along). That way, if she does say something and then complains about being recorded, you can explain that she knew it was on for class and instructional purposes...as she is your instructor, her big mouth should have shut itself. After grades are turned in but before graduation give yourself the satisfaction of pulling out all this information that has been documented umpteen times and report it all to the Board of Directors/Board of Review/College Ombudsman and make her justify her discriminating actions. Tenure will not protect her if she is found guilty of such gross discrimination against a student. They may have to keep her in employment (although I doubt that) but she will not be director of anything anymore! I am getting angrier and angrier as I write this....but I truly feel for you. Please know that you are in my thoughts..I will post again if I get further info. Good luck with everything else and keep your head up-you have every right to be proud of your accomplishments in the program!!!
 

anonymous

New member
Hey-

I can understand why you'd want to wait, it's only a few months. But, if they give you bad grades, you'll have to deal with that for the rest of your career. Be careful! It's awesome that you seem to have such a good cf doctor and social worker.

At the very least, this is a discrimination case. And besides you, if this supervisor has done this to you, how many others has she done this to, or will do it to in the future?

I just wanted to give you this info- Beth Suffian, a lawyer with Suffian and Passamano-she has CF, and deals mostly with CF and disability cases. I'm sure she wouldn't mind giving you some advice. She helped me out alot with a social security legal case. You can find her website online. It might be a good idea to talk to her, not neccesarily take legal action-just get some advice and have her in your pocket in case. I know she wouldn't mind just talking to you. She helps alot of people with CF.

At least maybe she could write a stern letter to this school.

Christian
 

anonymous

New member
Hey-

I can understand why you'd want to wait, it's only a few months. But, if they give you bad grades, you'll have to deal with that for the rest of your career. Be careful! It's awesome that you seem to have such a good cf doctor and social worker.

At the very least, this is a discrimination case. And besides you, if this supervisor has done this to you, how many others has she done this to, or will do it to in the future?

I just wanted to give you this info- Beth Suffian, a lawyer with Suffian and Passamano-she has CF, and deals mostly with CF and disability cases. I'm sure she wouldn't mind giving you some advice. She helped me out alot with a social security legal case. You can find her website online. It might be a good idea to talk to her, not neccesarily take legal action-just get some advice and have her in your pocket in case. I know she wouldn't mind just talking to you. She helps alot of people with CF.

At least maybe she could write a stern letter to this school.

Christian
 

wallflower

New member
Jennifer,

I know how hard it can be to have to deal with this so close to graduation. Letting it slid and keeping your fingers crossed is a nice easy way out, but will you really be happy with yourself if you do? I don't care how long she has been there or how many people hate her. The point is she was wrong and is discriminating against YOU. You are the only one who can do anything about it, and if you wait til after you graduate, it is going to be meaningless. Once your out of the school system, any complaint you have is going to disappear into thin air.

I worry that if you are not willing to stand up for yourself (and indirectly others who will come after you in the same position) now, will you be able to when it is a doctor or head nurse giving you a hard time? Being a nurse is a big deal - you have to be able to stand up for your patients when they are not able to. That may be hard to do if you are not willing to stand up for yourself first.

Please reconsider your stand with this lady - you don't have to take her head on. But DO document and file a complaint. Maybe nothing will come of it, but it could help you at the end of those 15 weeks when you thought there wouldn't be any problems and there were. Your goal isnt to get her fired - it's to cover your a**. For all you know, she already has complaints filed against her, and yours may finally make the school reel her in with her behavior.

If you decide not to go through with anything, please, PLEASE dont try to butter up to her. I have worked with bullies before, and if you try to butter up to her, she will hold it that much more against you. It's a sign that you are weak and she can not only continue to walk all over you, but knows you won't do anything about either <img src="i/expressions/face-icon-small-sad.gif" border="0">

Best of luck to you, the 15 week countdown has begun! - Do keep us updated on this lady - karma has a funny way of catching up to people.
 

wallflower

New member
Jennifer,

I know how hard it can be to have to deal with this so close to graduation. Letting it slid and keeping your fingers crossed is a nice easy way out, but will you really be happy with yourself if you do? I don't care how long she has been there or how many people hate her. The point is she was wrong and is discriminating against YOU. You are the only one who can do anything about it, and if you wait til after you graduate, it is going to be meaningless. Once your out of the school system, any complaint you have is going to disappear into thin air.

I worry that if you are not willing to stand up for yourself (and indirectly others who will come after you in the same position) now, will you be able to when it is a doctor or head nurse giving you a hard time? Being a nurse is a big deal - you have to be able to stand up for your patients when they are not able to. That may be hard to do if you are not willing to stand up for yourself first.

Please reconsider your stand with this lady - you don't have to take her head on. But DO document and file a complaint. Maybe nothing will come of it, but it could help you at the end of those 15 weeks when you thought there wouldn't be any problems and there were. Your goal isnt to get her fired - it's to cover your a**. For all you know, she already has complaints filed against her, and yours may finally make the school reel her in with her behavior.

If you decide not to go through with anything, please, PLEASE dont try to butter up to her. I have worked with bullies before, and if you try to butter up to her, she will hold it that much more against you. It's a sign that you are weak and she can not only continue to walk all over you, but knows you won't do anything about either <img src="i/expressions/face-icon-small-sad.gif" border="0">

Best of luck to you, the 15 week countdown has begun! - Do keep us updated on this lady - karma has a funny way of catching up to people.
 
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