Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My company is called provides ABA therapy to patients with…

Customer Question
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: 1 month ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 18 minutes by:
3/10/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 496
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.

Ask Your Own Employment Law Question
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month 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.

Ask Your Own Employment Law Question
Employment Lawyer: Attorney Wendy, Lawyer replied 1 month ago

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

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Attorney Wendy Your Own Question
Attorney Wendy
Attorney Wendy
Attorney Wendy, Lawyer
Category: Employment Law
Satisfied Customers: 496
496 Satisfied Customers
Experience: Member at Keefer & Keefer LLC

Attorney Wendy is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I am an EVP for a sales organization (54 years old).
I am an EVP for a sales organization (54 years old). Recently the Company asked me to change my position (same title & pay) even though I was the highest performing last year (bonus documents to subst… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work at a privately owned company that always tries to get
I work at a privately owned company that always tries to get employees to do more than the job for which they were hired. I have an office sales job that is constantly left vacant by the other full ti… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I worked for a company that paid employees cash for their
I worked for a company that paid employees cash for their overtime hours. The company has stopped communicating with me the last three weeks for unknown reasons. I now feel like I should inform the st… read more
Eric Yepez
Eric Yepez
Law/J.D.
20 satisfied customers
For wrongful termination what kind of lawyer should I get.
For wrongful termination what kind of lawyer should I get … read more
Eric Yepez
Eric Yepez
Law/J.D.
20 satisfied customers
Can an employer dock the pay of an exempt employee for not
Can an employer dock the pay of an exempt employee for not working exactly 40 hours in a week? … read more
Eric Yepez
Eric Yepez
Law/J.D.
20 satisfied customers
As an employer am I required with an employee who is off due
As an employer am I required to follow up with an employee who is off due to cancer treatment and receiving disability benefits from AFLAC for over 6 months. I have kept their position open for 11 mon… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I need to get a copy of my husbands 1099R transcripts for
I need to get a copy of my husbands 1099R transcripts for 2017/2018 for a loan. I can't find any place where I can request this information be emailed to me. Any ideas on the matter. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
119 satisfied customers
My CBA states will pay 4 hours if bldg is closed. Here"s the
Here"s the rest' ig bldg closed due to Tech upgrades or malfunctions we r closing because computers will b down die office moving company says moving is not considered malfunction … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,251 satisfied customers
Thank you for your answer prior to this. It was very
Hello Eric, Thank you for your answer prior to this. It was very helpful. Can you cash out part of your unused PTO in the State of Washington prior to officially starting a job in which you are demote… read more
Eric Yepez
Eric Yepez
Law/J.D.
20 satisfied customers
Can companies have a non accrued sick time policy? They just
can companies have a non accrued sick time policy? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question regarding employment rights. Its at will.
Hello, i have a question regarding employment rights … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,174 satisfied customers
I own a small assisted living facility in montana. I have an
I own a small assisted living facility in montana. I have an issue with two employees telling my new employee which days she must pick to work in May (i usually do self scheduling). They are essential… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I am a manager. I had a confrontation with another store
I am a manager. I had a confrontation with another store manager that I was put to comanage and then take over when she went on maternity leave I was sent home after the confrontation because she woul… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What is the cost of this service? My husband accrued PTO and
Thank you. My husband accrued PTO and hit the ceiling with the amount he could accrue. He found out yesterday that he was demoted, but has not signed the paperwork accepting it yet. He put in for the PTO prior to signing the new contact. My question: Will he receive his PTO at the rate in which he accrued it or will it be at the demotion rate? … read more
Eric Yepez
Eric Yepez
Law/J.D.
20 satisfied customers
I have been suspended without pay for one week. The Director
I have been suspended without pay for one week. The Director approved the receipt I created for him due to him not having one which is what is required by the accounting when turning in a Travel and Entertainment form. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,148 satisfied customers
My husband is a truck driver for Domino's. He is due to work
My husband is a truck driver for Domino's. He is due to work another shift Monday night (2 days from now), but after some serious discussions about his alcohol use and gambling, he agreed to check int… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am being accused of expense fraud in my company and they
I am being accused of expense fraud in my company and they want me to discuss it with their attorney. I need some advice … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
302 satisfied customers
3 nurses at work wrote wrongful statements about me on the
3 nurses at work wrote wrongful statements about me on the hospital union Facebook site. This is the second time. I am the senior director and they are nurses in my department.Can I do anything about … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x