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Home > Health & Wellness > Health Care Administration   »   Hipaa Violation

 
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Old Nov 3, 2009, 03:59 PM
BlueAgave
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Hipaa Violation

I recently worked in a skin treatment center for a number of years. I am going out on my own to provide treatments. Due to the need for my clients to contact me about their conditions after treatments, i currently have a list of the names and phone numbers of clients that i have seen. Is it a violation of HIPAA regulations to contact them regarding my new business contact information?

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Old Nov 3, 2009, 04:49 PM   #2  
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It wouldn't be a HIPAA violation BUT you need to make sure you didn't sign a paper with that employer (I can't remember what it is called) that basically says you will not be competition to them even after you terminate your employment with them.
Basically it is not ethical to become your employer/ex employers competition.
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Old Nov 3, 2009, 05:28 PM   #3  
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No this is not a HIPAA violation unless you reveal a contact to another contact.

However it may be a violation of a non-compete clause in your employment agreement. Or you may be sued by your former employer for stealing clients.
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Old Nov 3, 2009, 06:07 PM   #4  
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On what grounds would they sue me over "stealing clients" if a non-compete clause or employment agreement was never signed?
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Old Nov 3, 2009, 06:10 PM   #5  
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They could say you "stole" thier companay property ( list and phone numbers) And sue you for your profit.
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Old Nov 3, 2009, 06:20 PM   #6  
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Actually, it CAN be a HIPAA violation. The names and phone numbers of clients are property of the facility in which the clients are patients.
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Old Nov 3, 2009, 06:24 PM   #7  
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Quote:
Originally Posted by BlueAgave View Post
On what grounds would they sue me over "stealing clients" if a non-compete clause or employment agreement was never signed?
Client information is as much an asset of a firm as their desks and chairs etc.
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Old Nov 3, 2009, 06:25 PM   #8  
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Not to mention, that to look up a patient's name and address, you have to have access to their chart. Having access to the chart and getting the needed information would be considered a violation if used in any way other than for the care of the patient.

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N0help4u agrees: yeah they can't look it up but if they already know it.....
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Old Nov 4, 2009, 05:39 PM   #9  
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Quote:
N0help4u agrees: yeah they can't look it up but if they already know it.....
NH...how would they go about proving they already know it? Sorry, but this does not hold weight with HIPAA.
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Old Nov 4, 2009, 06:02 PM   #10  
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I see your point. I think it definitely is not a wise thing to do.
I was thinking that in a skin treatment center the patients may be more likely to talk to the workers about their personal life than they might be at a doctors office or a hospital.
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