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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If your a home health nurse and take another party with you

Customer Question

if your a home health nurse and take another party with you on a visit but they stay in the car, they know nothing about this person, no name, no phone #, no private health info. is it a violation just to have someone in the car if you were heading out of town an they just happened to be with you? If so what is the fine. MO
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns.
I am assuming that you are referring to see if this is a HIPAA violation or not, correct? If they know nothing about this person and do not know their medical issues or concerns, there is no violation from what I see. For this to be any sort of a violation you as a nurse must provide either intentionally or by error some sort of information that would be able to be used that a reasonable person would be able to identity the person and their ailment. As such about the only argument may be if they know the address and then can look up the person, but that does not appear to be 'reasonable' in nature and therefore not a violation.
Dimitry, Esq.
Customer: replied 2 years ago.
well I got fired today from my home health job, they said corporation could get a $50,000 fine to keep me on.
Customer: replied 2 years ago.
Phoenix home care is calling it a HIPPA Violation, but it is not "protected health information" I feel it may go against their policy and should be a warning, write up, suspension but not get fired.
Expert:  Dimitry K., Esq. replied 2 years ago.
I would agree that at worst it appears to be a level IV violation (unintended, and lowest level), which is unlikely to be a $50,000 fine. But they can still claim that it is a violation of their regulations and consequently terminate you.
Dimitry, Esq.