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John, Attorney
Category: California Employment Law
Satisfied Customers: 4470
Experience:  Licensed and practicing attorney.
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I have worked in the home health industry now. I have

Customer Question

I have worked in the home health industry for years now. I have decided to quit my current job and work for a local hospital so I can be home more. While saying goodbye to some of my patients along my route, one of them shook my hand and told me thank you for the great service for all these years, and feel free to list me as a reference on your resume. At first I thought that was a great idea, but then HIPAA came to mind and now I'm giving second thoughts to listing him as a reference. So my question is, am I violating any HIPAA laws if I list a patient as job reference WITH their consent?
Submitted: 7 months ago.
Category: California Employment Law
Expert:  John replied 7 months ago.

The only protected information you'd be sharing is their identity, and you do have permission for that. It's not required that you have a written authorization, but that may be preferred. Also, I'd probably be sure to somehow include that this patient consented to the sharing information in the resume to ensure the prospective employer it's not a violation. I've never seen that before as usually patients are not given as references...but it is possible

Customer: replied 7 months ago.
Thank you for the reply. I agree it does seem odd to have a patient as a reference, but what better way to prove to my next employer my value as a nurse. Some of these guys (all Disabled Vets) I have been taking care of for 5+ years. I've had dinner at their homes, helped them move on a weekend, stayed on their couch when the road conditions got too bad to drive (I live in North Dakota). I go above and beyond my duty as a nurse with all my patients, and have had zero negative feedback during my employment with my current job. I will take your advise and state the fact that I was given consent. I think I will also get it in writing. Thanks again.
Expert:  John replied 7 months ago.

You're welcome. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.

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