Palisades Medical Center executives overreacted when they suspended doctors and nurses who took a sneak peek at movie and TV star George Clooney's medical records during his recent stay at the hospital, says the head of the hospital union.
Jeanne Otersen, director of the Health Professionals and Allied Employees union, said the hospital's reaction to the incident was both too quick and too severe.
"We think there was a blanket, very quick overreaction to suspend people without pay for a month," Otersen said. "We certainly hope that it's possible to mitigate some of the penalties based on some of the facts coming out."
Millions of people used to pay close attention when George Clooney entered a hospital. But the actor/director isn't on ER these days, and his recent visit to Palisades Medical Center in North Bergen, N.J. garnered a little more attention than is legal under federal health information privacy rules.
Clooney and his friend, Sarah Larson, were treated at Palisades for minor injuries following a motorcycle crash on Sept. 21. As many as 40 hospital workers have now been suspended without pay on allegations that they accessed Clooney's medical records in violation of federal HIPAA laws.
Palisades is a member of the NewYork-Presbyterian Healthcare System and is affiliated with Columbia University College of Physicians and Surgeons.
Doctors, nurses and other workers were included in the mass-suspension, which Clooney emphasized was not prompted by any action on his part. "This is the first I've heard of it," Clooney said in a prepared statement. "And while I very much believe in a patient's right to privacy, I would hope that this could be settled without suspending medical workers."
Whether the workers released Clooney's information to the press remains to be seen. The intentional, unauthorized release of patient information can result in up to one year in jail and $50,000 in fines. The penalties for selling patient information include up to a 10-year sentence and $250,000 in fines.
Virginia O'Malley, director of clinical operations at Palisades, declined to comment. She referred questions to the hospital's external affairs department. Healthcare IT News calls Wednesday and Thursday to Eurice Rojas, vice president of external affairs, were not returned.
"The hospital ought to particularly have a system that is tighter when someone famous comes into the hospital," said Otersen. " We believe if the individuals did in fact go into the record, they should be held accountable, but it needs to be a careful sorting of the facts. Some of the people we believe did have authorization."
HPAE represents seven of the workers involved in the charges. "We are not being told that any of (our members) breached the confidentiality," said Otersen.
HIPAA regulations are often used as a blanket penalty, regardless of the conditions of an instance in which patient privacy is at stake, she noted.
"Patient privacy is paramount, but you have to make sure you have a system in place to prevent these things," Otersen added. "Whether you're John Doe or George Clooney, you deserve the same right to privacy."