Have Legal Questions? Ask a Lawyer Now.
Hello and welcome.
My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you. What are you concerned violates HIPAA, the inappropriate touching of the resident or telling the boss?
I was terminated from employement yesterday and the boss told me that I was terminated for 'sexual harrassment' and for 'hippa violation' I told her how was that " all I did was pass on information of hear say of a male possibly touching a resident sexually
Hello again, Rebekah.That would NOT constitute a violation of HIPAA typically if you informed a supervisor of your belief that a resident was inappropriately touched, which could be a crime depending on the touching that took place.As an employee of the facility, your supervisor would typically have a need to know and would not be considered a third party as set out in HIPAA because the facility is charged with the well-being of the resident.HIPAA typically prohibits disclosure to third parties. That is not what occurred here based on the information you have provided.The facts you have provided also would not support a cause of action for sexual harassment, so I am lost as to that allegation.It sounds as though either the employer is mistaken about the reasons for termination or they are not being truthful with you.
I hope this helps clarify the situation for you.
It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.
Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
I'm just clarifying, that I did tell the night supervisior and some other works heard me ( I'm only 18 yrs old and still learning) She said I violated HIPPA because I should have ONLY told her. But she wasn't there this was 11pm at night. I also didn't have her phone #
She also told me I should have told the Home health nurse who is caring for this pt.
I was inistructed to call the home health nurse that night by the staff caring for resident. I called nurse who is caring for this resident. I told h er that the resident had blood clots coming from her vagina Nurse told me to send her to the ER.
The next day nurse called and asked me about her and that is when I told the nurse of the alleged alligations
My boss told me I violated HIPPA by telling her the alleged alligations. I told my boss the nurse has the right to know because she is the residents nurse and I needed to know what to do
One more question, was it ok to give this info the nurse homehealth nurse since she cares for her
last question then, I understand I'm terminated and I get that. I will accept HIPPA violation for allowing the other coworkers to here me, but I won't accept the reason for termination for " sexual harrassment" this is wrong and will sabotage me in the furture. How can I go about getting my name cleaned up