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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience:  Assisting employees and employers for over 14 years.
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Im a leaglly disabled,the state of Minnesota provides PCA

Customer Question

Im a leaglly disabled,the state of Minnesota provides PCA {personal care assistant for me,through a private owned agency.The PCA in question was fired for braking client confidentality,by telling personal things about me to an outside person.The person came forward,reported to me,wrote a letter to the agency,detailing the personal information in writing.The PCA was fired immediately.what legal recourse do I have
Submitted: 5 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

I am very sorry to learn of your experience. Please clarify: what do you mean when you ask about legal recourse? Against who? For what purpose?
Customer: replied 5 years ago.
the agency,as they have liability insurance,is was their employee,that said very discusting things,that made the person,who she was telling, consider ending our friendship.The employee was also drunk on several ocasions when working at my house
Expert:  JB Umphrey replied 5 years ago.
Thank you. A patient has two options to consider:

1. Filing a patient privacy / HIPAA complaint with the U.S. Department of Health and Human Services as explained here:

2. Sue the provider under a kind of invasion of privacy (and possibly breach of contract) theory of liability.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

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