EMT Accessing Electronic Health Record  

Dana, an LPN at your facility, calls the HIPAA office and states that she believes her ex-boyfriend, Johnny, is snooping in her electronic medical records. The ex-boyfriend is an EMT who frequently transports patients to your facility’s emergency room.

You met with the ER Director, Lucinda Traverino, RN, and learned that after a report is given by an EMT on the transported patient, care is handed off to the ER staff and the ambulance team (including the EMT) depart the ER.

In this scenario:

1. Does an employer have a responsibility to protect an employee’s health records?
2. Is this a HIPAA Security or HIPAA Privacy issue?
3. What steps can be taken to investigate this claim and prove or disprove the allegation that the ex-boyfriend is snooping into the employee’s PHI?