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If a CNa, Nurse or other medical person is employed to take

 
 
 

Customer Question

If a CNa, Nurse or other medical person is employed to take care of my Mother,
isn't illegal for one of those people to discuss what goes on in the home, before or infact
after death...State of Maine....re to say on the internet that someone worked taking care of my MOm.... thanks Nancy

Submitted: 1004 days and 6 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: Maine

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Posted by Mary M., Esquire 1004 days and 5 hours ago.

Expert's Answer

It is a violation of the HIPPA rules for anyone to discuss anyone else's medical care with uninvolved third parties -- that INCLUDES posting information on the internet.

Unfortunately, there is no private right to bring a lawuit under the HIPPA laws (meaning a private citizen like yourself cannot bring suit against the agency or hospital that hired this nurse in court). Your only recourse here is to file a complaint with the United States Department of Health and Human Services against the company employing the nurse, and you can make a complaint to the Maine licensing board for nurses against the license of this individual nurse.

You should try speaking with her employer first. She will probably be reprimanded by them for her behavior. If you have not done so already, print out all of the information from the internet where the nurse made the offensive postings so you can use it as proof against her to er employer and the licensing board if you choose to go that route.

Below is a link to the website where you can file a HIPPA complaint against the nurse/agency:

http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html

Good Luck. I am sorry that this happened to you and my condolences on the loss of your Mom.

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1004 days and 5 hours ago.

Customer Reply

the person in question was hired privately...and posted this on the funeral web site
as a pleasure to work for her., the second incident, the forst in a resturaunt saying that my Mom wanted her to sign a contract....loudly....when I went to this resturant I was
questioned about this comment..I told her HIPPA laws forbids any discussion of what

happens in Mom's household.
I assume that hired privately or through an agency, both have limitations to what
is said on the internet or otherwise. Is this correct.
Thanks, lots,

 
 
 
 
 
 

Accepted Answer

If hired privately, you should make a complaint to the agency that issues her license to practice and complain to the Fed. DHHS. Regarding the condolences on the funeral website, that may not be considered to rising to the level of a HIPPA violation. However, the contract comment, if in connection with your Mom's healthcare, does rise to that level.

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Expert: Mary M., Esquire
Pos. Feedback: 99.5 %
Accepts: 4548
Answered: 8/24/2009

Lawyer

13 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law

 
 
 

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