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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85790
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I beleive I am a victim of electronic harassment. I am an

Resolved Question:

I beleive I am a victim of electronic harassment. I am an accountant by trade, but am currently volunteering at the hospital. What are my responsibilities with regards XXXXX XXXXX and violating HIPPA? Could I be charged with a HIPPA violation, due to neglect, because someone can see what I am doing?
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under HIPAA, any person who works for a healthcare insurer or healthcare provider, which would include hospital volunteers, is prevented from improperly accessing or disclosing any patient's personal health information. You are not allowed to disclose information about the patient's condition or health information. If you are conducting your work in a place that was designed by the hospital to be secure and someone oversees what you are doing this would generally not violate HIPAA as long as you have made reasonable efforts to keep that information confidential. For example, a reception area where a patient is checking in and people can over hear their information was not held to be a HIPAA violation. Another example is in a semi-private hospital room where the other patient in the room can hear everything about the patient from all of their healthcare providers.

The key is to do whatever is reasonably possible to prevent unauthorized persons from accessing a patient's PHI.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85790
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 6 months ago.


What if there is nothing I can do to prevent someone from overseeing what I do. Is my neglect in fact a HIPPA violation? With this electronic harassment, there is nothing I can do to prevent it, but I do know that it exists.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your response.

As I did say above, if there is nothing you can do to protect it and prevent anyone from seeing it, then all you have to do is act as a reasonable person and it is not neglect.
Customer: replied 6 months ago.


So you are saying that it is not a violation of HIPPA? The only thing that I can reasonable do to prevent it is to leave the situation, but I don't beleive that is fair to me? Should I be leaving working with patients or confidential information?

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your response.

It is not a violation of HIPAA if you are not improperly accessing or disclosing patient PHI. I am afraid I do not understand what you mean about leaving work with patients information? You cannot take a patient's PHI from the facility?

I really do not understand what is happening to you as you have not really said anything except electronic harassment, so I do not get why you think you may have committed a HIPAA violation as based on what you said so far it does not seem like you have.
Customer: replied 6 months ago.


Electronic harassment is done with microwaves. This is what I beleive is going on, but I cannot prove it. This is when someone can see what I am doing at all times, but there is nothing that I can do about it. What I want to know is that if this were the case, could I be in violation of HIPPA, due to neglect, because I knew that this was happening?

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your response.

No, this is not a violation of HIPAA for them to see what you are doing through covert means, such as electronic harassment. If they discover what you are doing through this covert electronic harassment, even though you might know this is happening, it would not violate HIPAA at all as it is not through neglect or anything you did and there was nothing you could have done to prevent it that would be unreasonable and that was why I mentioned reasonableness above.
Customer: replied 6 months ago.


Thank you so much. I am studying to be a C.P.A. will you represent me if I run into any trouble?

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your response. I am afraid the laws and site rules forbid us from representing anyone from this site or from making personal referrals. You would have to use a local attorney for that representation.

Please do not forget to click on excellent service feedback as that is the only way the expert gets credit for time spent with you.

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