Laith Quasem, an Attorney with Chapman Law Group, represents healthcare professionals in licensing, regulatory, and federal criminal matters. When asked to prepare a white paper for physicians, he had no shortage of topics to consider. Yet, Quasem chose to address a risk that often begins with a routine decision: opening a patient’s electronic medical record without a legitimate reason. He continues to encounter physicians whose careers are placed at risk because curiosity or a variety of other reasons led them to access a chart that was unrelated to their work.
Many physicians understand that patient information should not be shared without authorization. Fewer appreciate that opening a record can create a violation even when nothing is printed, downloaded, or disclosed. A physician may hear that a colleague was admitted to the hospital, recognize the name of a patient, or become curious about a case being discussed within the facility. The chart may be available through the physician’s existing system access, but access to the system does not create authorization to review every record within it. Without a purpose connected to treatment, payment, or healthcare operations, the decision to open the chart may trigger an investigation.
Electronic medical record systems also preserve a record of user activity. Audit logs can show who accessed a chart, when the access occurred, where it originated, and which parts of the record were viewed. Compliance personnel may therefore investigate an access event without relying on witnesses or later disclosure of the information. As Quasem writes, “Curiosity is human. The audit log is forever.” A physician who looked at a chart for only a few seconds may still face questions months after the access occurred.
The consequences may extend beyond a compliance warning. Depending on the facts, unauthorized access can affect employment, medical staff privileges, credentialing, professional licensing, and reputation. In some cases, it can also raise civil or criminal concerns. Quasem’s white paper examines why explanations such as “I did not tell anyone” or “I did not know it was illegal” may not resolve the issue. It also discusses the federal decision in United States v. Zhou and provides four questions physicians should ask before opening any patient record. Read the full white paper to understand how one moment of curiosity can develop into a threat to a physician’s career.
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Laith Quasem
Associate Attorney
Professional Licensing & Regulatory Affairs, Healthcare Compliance, Federal Criminal Defense
Seattle Office (Satellite)
Washington
Phone: (877) 234-5911
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