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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 33073
Experience:  Employment Law Expert
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I work in hospital I had emailed another worker with a pt's

Customer Question

I work in hospital I had emailed another worker with a pt's room # medical record and that will need a home care referral the email was accidently sent to outside sender ,the email was not able to be delivered however my employer wrote me up that I violated Hipa The email was sent in error Did I violate Hipa?
Submitted: 2 months ago.
Category: Employment Law
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 2 months ago.

Sorry...not sure I understand...the email you sent did or did not get sent out?

Customer: replied 2 months ago.
it was not able to be delivered
Expert:  P. Simmons replied 2 months ago.

Thanks
Then technically that does not violate HIPAA (HIPAA would be implicated if there was delivery)>

That said, it could be a basis to discipline you (since had it been delivered it would have violated the federal law)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 months ago.
I was written up because of the intend to sent -even tough It was clearly an error that I got a return email it was never able to be set
Expert:  P. Simmons replied 2 months ago.

I understand...again, you can be disciplined because of your mistake...but for the computer not delivering then email your employer would have violated the HIPAA

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 2 months ago.

Hi
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Do you have more questions regarding this?

Thanks for your understanding
Phil