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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26688
Experience:  Began practicing law in 1992
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I am being investigated by Human Resources for a HIPAA violation

Resolved Question:

I am being investigated by Human Resources for a HIPAA violation and was wondering if I need to hire legal counsel to protect myself during the investigation. I am a licensed clinical laboratory scientist in California and am concerned That my license could be revoked if the HIPAA violation confirmed.
I did not realize I was violating HIPAA, I thought I was just generally teaching someone who is an employee,but not in my department.
My department is overstuffed and my supervisor would take any opportunity to get rid of senior level people who are at the top of the pay scale.
Can I retain counsel while the investigation is underway in order to protect my rights?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.


Yes, you can and should. The issue here is really what is being found and turned over to the licensing agency and not an employment issue. As such, it would be better to have an attorney involved in the investigation from the beginning.

JD 1992 :

As an example of why. if there are witnesses being interviewed it is important that they be interviewed in a way that promotes receiving a complete, honest answer and not one that is the result of a biased or leading questions.

JD 1992 :

Another reason is so that when and if materials are turned into the licensing agency the attorney can turn in materials as well that may state something other than what the investigator wants to demonstrate.

Customer: I believe it was a fellow employee who looks for any opportunity to "tell" on other people and is personal friends with my manager.
Customer: i have the financial resources to obtain counsel, but don't know how to find and atty or what type of attorney I need.
JD 1992 :

It seems that many times the employee is set up to take the fall so the employer/company does not. Since this can be true the company's investigator may have a conflict of interest and therefore you need someone fighting for you from the very beginning.

Customer: this is the largest hospital system in San Diego, and I need strong knowledgeable representation. I am an emotional mess and also feel this is a targeted situation although I may be guilty of unintentional violation
JD 1992 :

Your best way to find a lawyer is to go to www.lawyers.com and look for one who does civil litigation or administrative law, both would have the skill set, and then make some calls to see if they can assist. You can also look to see if there are any that defend nurses before the licensing board since they would also be familiar with HIPAA and the skill sets would be the same.

JD 1992 :

The method I just gave you would be the most effective way to find representation.

Customer: Ok will do.
JD 1992 :

Anything else I can assist with?

Customer: No thank you for your time
JD 1992 :

Best wishes to you! Be sure and come back and let me know how it turns out!

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26688
Experience: Began practicing law in 1992
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