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My company is called provides ABA therapy to patients with…

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My company is called...

My company is called provides ABA therapy to patients with autism. the letters "ABA" are in the company name. I have had colleagues tell me that this is a HIPAA violation and that I cannot use my company name on my vehicle, uniform, or office door. Is this accurate?

Lawyer's Assistant: What state is this in? And how old is the car?

TX. I don't have the name on my vehicle yet. It's 2016.

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 4 months ago.Category: Employment Law
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Answered in 18 minutes by:
3/10/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 4 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am working on preparing a response to your question and should have that to you shortly.

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Employment Lawyer: Attorney Wendy, Lawyer replied 4 months ago

I am happy to try to help clear up the issues surrounding HIPAA. As you know, HIPAA protects patient health information or (PHI). In general, that means you cannot disclose any PHI without a patients consent. With marketing efforts, such as having a company name or logo on your vehicle, it is not the presence of that logo or name that is the problem. There are other considerations that you need to make. ABA - standing for, as you know, Applied Behavioral Analysis - does not identify any particular patient or provide, on its own, PHI. That said, concerns have been raised when companies provide home health care that if the company name or logo identifies a particular diagnosis and is parked outside the patient's home or business that works to, in essence, disclose PHI. For instance, if you operated a service called BiPolar Treatment Company and you provided that treatment in patients' homes or businesses, then your parking a vehicle with the words/name/logo containing BiPolar Treatment Company on it, you would be in potential breach of HIPAA because now anyone seeing that vehicle can deduce that the resident inside has been diagnosed as bipolar. With ABA it is a little more grey as ABA does not identify a single, particular diagnosis. However, it does identify a behavioral diagnosis and that could be a problem. I would err on the side of caution and not put your name or logo on your vehicle unless it will NOT be parked at patients' locations. I hope this helps clear up the issue.

If you need anything further, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action has been proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Employment Lawyer: Attorney Wendy, Lawyer replied 4 months ago

Happy Friday. I just wanted to check in to see if there was anything more I can do to help answer you questions.

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