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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 11784
Experience:  JD, MBA
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I work at a Health Clinic where my mother is a patient. I am

Customer Question

I work at a Health Clinic where my mother is a patient. I am her Power of Attorney. She had called me and stated the pharmacy had not received her medication, so I went into her chart and re-sent her medication to the pharmacy. Is this a HIPPA violation??
Submitted: 5 months ago.
Category: Employment Law
Expert:  TJ, Esq. replied 5 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Wow, you present an interesting question, and it could probably go either way from a legal perspective. Having said that, I think that it was probably NOT a HIPAA violation because your mother indicated that the pharmacy did not get the prescription. Accordingly, you were acting with her implied consent (if not express consent) to fix the problem. If your mother gave you consent, then it was not a HIPAA violation. As an aside, having power of attorney would probably not be of help here, as you were acting in your capacity as an employee, and not in your capacity as your mother's attorney-in-fact when you sent the prescription.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 5 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!