VA Nurse Charged for Unlawfully Accessing a Patient’s Medical Records
A Michigan Nurse at the U.S. Department of Veteran Affairs has been charged with unlawfully accessing and obtaining the medical records of a patient. Jessica Nicole Pitcher, 41, of Shelbyville, is alleged to have accessed and copied the medical records of a patient of the Veterans Affairs Medical Center in Battle Creek, Michigan, without authorization on or around November 27, 2023.
The Health Insurance Portability and Accountability Act (HIPAA) sets standards covering the privacy and security of healthcare information, termed protected health information or PHI under HIPAA. There are strict rules concerning uses and disclosures of PHI, which may only be used or disclosed for purposes expressly permitted by the HIPAA Privacy Rule unless authorization is received from a patient.
Healthcare professionals must abide by the HIPAA Rules and are not permitted to access the medical records of patients unless they have a valid work reason for doing so. The HIPAA Privacy Rule permits access to medical records for purposes related to treatment, payment, and healthcare operations. Nurses are permitted to access patients’ medical records for patients under their care but are not permitted to access other patients’ health records unless the patient concerned has given authorization to do so. In such cases, authorization should be obtained in writing.
HIPAA compliance for nurses is vital, as the penalties for noncompliance such as privacy violations can be severe. Charges against the nurse were filed by the U.S. Attorney’s Office for the Western District of Michigan, and while the charges only relate to the unauthorized access and copying of a single patient’s medical records, the misdemeanor charge carries a maximum sentence of 1 year in jail and a fine of up to $100,000 if the nurse is found guilty.
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“Patients have an absolute expectation of privacy concerning the communications and information shared with medical professionals and contained within their medical records,” said U.S. Attorney Mark Totten. “Federal law has long protected such privacy to ensure that patients, without fear of any disclosure, can share with their medical providers all information critical to receiving proper medical care. My office will hold accountable those who access or disclose confidential patient health information without authorization and without justification under federal law.” Special Agent in Charge Gregory Billingsley with the Department of Veterans Affairs OIG’s Central Field Office said “Unlawfully accessing patient records erodes trust in VA’s programs and services. The VA OIG will diligently investigate any employee who violates this trust.”
