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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32324
Experience:  Employment Law Expert
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I spoke to a hospital co-worker on phone to see if she could

Customer Question

I spoke to a hospital co-worker on phone to see if she could work my hours next week.
She had a Dr's appt.& could work part of the hrs., she would call on Mon. to see if they could get her a earlier appt. This was Fri., I knew this office was working in office, but not seeing pts. It is an office our hospital works closely with. After I got off the phone with my co-worker I thought I could send a fax to this Dr's. office, telling them I just spoke to my co-worker & she would work for me if they could get her in any earlier that day. I did not tell her I was going to fax & ask them, it was an afterthought. They did contact her & explained that I had asked them. We have since talked, not upset,but thought unusual. She mentioned to our manager at hosp., said she didn't want to get me in trouble, was asking her how to discuss it with me. I got wrote up & suspended 3 days for violating Hippa Laws. Was this a Hippa violation? I did not discuss any results.
Linette,(###) ###-#### ***@******.*** Thank-you, Thank-you, Thank-
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Unfortunately, HIPAA is so broad that this is likely covered by it since you learned of the doctor's appointment due to your employment. It is probably the least offensive HIPAA violation I have ever heard of but since HIPAA covers health care providers AND employers then it would fall within the definition of a covered entity and since this contact wasn't authorized it would be an unlawful contact.