Andrew v. Range Reg’l Health Servs. (Summary)

HIPAA PRIVACY

Andrew v. Range Reg’l Health Servs., No. A13-0487 (Minn. Ct. App. Oct. 21, 2013)

The Court of Appeals of Minnesota reversed an unemployment law judge’s decision that a licensed practical nurse was ineligible for unemployment benefits because she engaged in employment misconduct (HIPAA violations) when she accessed her own medical records without first submitting a release to the medical records department.  The appellate court found that even if the health services center had a policy against accessing one’s own records, the nurse’s conduct was not sufficient misconduct to disqualify the long-term employee from receiving unemployment benefits since such benefits could be denied only for “intentional, negligent, or indifferent conduct…that displays clearly…as serious violation of the standards of behavior the employer has the right to reasonably expect of the employee.”  (The court declined to opine on whether it was appropriate to fire the employee).

In finding that the nurse’s conduct was insufficient to warrant a denial of unemployment benefits, the court noted that the hospital’s HIPAA training slideshow did not address employees’ access to their own medical records, the employee only accessed her record a few times during a week when she was attempting to contact her physician regarding lab results, and that no patient privacy was violated as a result of the employee’s access.