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I was almost fired for a hippa violation. A pt had consulted…

Customer Question
I was almost fired...

I was almost fired for a hippa violation. A pt had consulted a dr about having problems with his gsllbladder. The next day the pt comes to er with pain. Was it a violation to ask the original dr for order clarification for er treatment

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No. Im not sure if it was a violation

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No just a hospital employee

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The original dr took him to surgery that night but the er doctor was upset that it was his pt

Submitted: 2 months ago.Category: Employment Law
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Answered in 30 minutes by:
5/25/2018
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,198
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Are you a health care provider who was helping to treat the patient?

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Customer reply replied 2 months ago
I was trying to clarify an order
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks for following up. So, the answer to your question is no; this was not a HIPAA violation.

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Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

The Health Insurance Portability and Accountability Act includes a Privacy Rule and is the law that protects people from having their private health care information disclosed without their consent. The Privacy Rule essentially says that “covered entities” (clinics, doctors, dentists, etc.) that are in possession of any health-related information (e.g. tests, medications, diagnosis, etc.) that personally identifies a person (e.g. has their name, address, and SSN, for example) is required to maintain the privacy of that information.

The only exceptions are if the patient authorizes the release of that information, the covered entities are sharing that information to provide for a patient’s care, or if the health information doesn’t personally identify the patient. In your case, because you were sharing information about the patient's care, then you're exempted from the rule regarding getting authorization. The fact that you were almost terminated makes no sense.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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