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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39187
Experience:  Retired (mostly)
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I am a CNA at a 638 facility on the Navajo reservation. I

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I am a CNA at a 638 facility on the Navajo reservation. I was recently accused of a hippaa violation when my boss said a patient complained that in 2007 i revealed her medical condition to her parents. apparently she just filled out a complaint form. i was not shown the complaint. i don't know who made the complaint. what i do know is that I have never divulged patient information to unauthorized parties. There is no proof of this alleged infraction other than a written complaint recently filed regarding an incident that allegedly happened in 2007. What shall I do? They have already made me write a written response which I submitted on 08/30/10 wherein I denied all charges. Please help me. I am very concerned that I may be terminated.

U.S. Dept. of Health and Human Services is required to investigate all complaints. The chances that this will go anywhere after three years is practically nil, because there's no evidence.


Your employer can terminate you, regardless of whether or not the charges are true. In fact, the employer can terminate you for no reason whatsoever. All you can do is exactly what you have done, which is deny the charges, and then wait to see what DHHS decides.


Hope this helps.


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Customer: replied 7 years ago.
Is evidence required to make such a charge?
Is there a statute of limitations on such complaints?
I am a federal employee. Can I still be terminated without cause?

Is evidence required to make such a charge?


A: The only evidence required is (45 CFR 160.306(b)(2)), "A complaint must name the person that is the subject of the complaint and describe the acts or omissions believed to be in violation...."


Is there a statute of limitations on such complaints?


A: 180 days unless waived by DHHS (so, obviously there was a waiver).


I am a federal employee. Can I still be terminated without cause?


A: No. You must be permitted the entire grievance process applicable to your agency. Typically, the Office of Personnel Management procedures are applicable.



Customer: replied 7 years ago.
should i ask to see the waiver?
Customer: replied 7 years ago.
should i hire an attorney?

This is still an investigation. If you are actually charged with something, then you can ask to have the case dismissed as beyond the statute of limitations.


Re hiring an attorney, once again, you haven't been charged with anything. However, I don't want to disuade you from contacting a lawyer, if that would make you feel more comfortable.


For an employment rights attorney referral, see: and


Hope this helps.

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