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I have just been named in a HIPAA violation, do I have ...
Sent to Legal Experts April 14 02:24 AM

I have just been named in a HIPAA violation, do I have any rights to as when the alleged action took place, or any information in the complaint?

Customer (name blocked for privacy)
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April 14 2:38 PM (7 hours and 57 minutes and 52 seconds later)
         
Reply to Legal Professional's Post: I work at a local clinic and a patient wrote a formal complaint to my employer saying that me and a co-worker talked outside of work to others about some lab results on her. I have not seen this written complaint, do I have the right to, and what else should I need to know?
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April 14 5:03 PM (2 hours and 25 minutes and 3 seconds later)
         
ACCEPTEDCheck Mark

The rules actually apply to the covered entity, your employer. He or she maybe fined if you and the coworker are found to have violated HIPAA. You could also be liable for a civil penalty of up to $100.00

Your employment status is controlled by the applicable state laws, and as such you can be fired or discharged by the employer for cause if they find the violation occurred.

If you are fired for cause, you can fight the matter through unemployment, or your states labor relations board. That said, the burden would then be on the employer to prove you violated HIPAA and the discharge was for cause. If it was not, then you can collect unemployment.

If you are a contract employee, then your contract controls.

SEE http://www.hhs.gov/ocr/hipaa/FinalEnforcementRule06.pdf

You can request the written complaint, and if you fight a discharge, then you may force them to show you the complaint.

 

You may want to retain an employment lawyer to guide you step by step.


PLEASE NOTE: The responses made here are for information or education use only, and are NOT legal advice and do not form an attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.
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