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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I was red in a physical therapy office as an independent

Customer Question

I was hired in a physical therapy office as an independent contracted licensed massage therapist. In the stat of NH by the way. Because the lines between IC and employee were getting too blurry I decided it was time to terminate the business relationship. As an IC I brought into the office all my own tools supplies and product as well as health history forms. Now, the office is stating my businesses forms belong to them and are demanding me to relinquish my clients information which in turn means I am violation of HIPAA. Where do I stand with this? Does the office get to have that information even with me terminating the business relationship? I don't mind giving them copies of the info as long as I am not in violation of anything. Please help!?? I have been reaching out to so many people (NH DHHS and othe NH Attorneys) and no one has responded. I just need to know I am in the clear, or what I need to do to be in the clear for relinquishing the information.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, and Welcome to JustAnswer, My name is ***** ***** I will be glad to address your concerns, and the only thing I ask is that you leave a positive rating. You have already placed a deposit with JustAnswer and leaving a positive retreated patients ting will not cost you anything additional, but it is necessary in order for JustAnswer to give me credit for assisting you, Fair enough ? Before I can Answer your question regarding HIPAA, I need a bit more information, okay ?

1. Were the patients you treated also patients of the physical therapy office in which you treated patients?

2. What was the relationship, if any, between the patients you treated and the office in which you practiced your profession, i.e., were your patients also patients of the physical therapy office, or were they strictly your patients and they had no contact with anyone else in that office ?

Thank you and I look forward to your reply,

ANDREA

Customer: replied 1 year ago.
Some of The clients I worked on were former patients of the clinic and some did not have any prior relationship with the clinic.
Customer: replied 1 year ago.
The office sent me a certified letter I received today. I know certified is so they have a receipt that I received the letter, but to me receiving a certified letter is serious and I am now very stressed and anxious bout this. I have never in 6 years practicing had any issues like this in any othe facility I have worked in. The other places provides the forms so the forms belonged to the establishment , this place did not, I did, so the forms now belong to me and I have to follow the correct protocols. Most of the clients I saw once or twice. I do not think sending out a release form will be of much help either. I do not feel the office would do anything malicious to them. I just don't want me givingboutctheninfo to bit me in the rear later on down the road...
Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your reply,

Your concerns are legitimate because giving the office information on individuals who were not patients of the office would be a violation of the confidentiality required by HIPAA. In order to protect yourself from even the remotest possibility that you might be accused of a HIPAA violation at any time in the future, you should put your objections and the reasons for your objections to disclosing the information that the office is requesting in writing and informing them that since X was not a patient of the office, then you would be violating HIPAA's rule on confidentiality if you gave them the information they were requesting. Any reputable health and/or medical office would understand your concerns and would not coerce you into disclosing any patient information which would put you in violation of HIPAA. You can simply write them a letter for such requests, stating that since X was not a patient of the office, you would be violating HIPAA rules on confidentiality by supplying them with the information they were demanding. HIPAA violations are nothing that anyone should be involved in because such violations carry stiff penalties and the office making these requests of you is very much aware of these penalties.

Please be kind enough to leave a Positive rating so that JustAnswer will give me credit for my time in assisting you. You have already placed a deposit with JustAnswer, so leaving a positive rating will not cost you anything additional, but without it, JustAnswer will not give me credit for assisting you. Thank you for understanding,

Positive Feedback and Bonus are very much appreciated,

Kindest Regards,

ANDREA

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