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jameitler1
Jun 24, 2008, 10:23 AM
We had an employee who quit without a proper notice and is now appealing an Unemployment claim which got denied. She is submitting some documentation to be included in her case. There is a list of about 25 patients that includes their names and phone numbers. She took this list home and has it in her possession - is this not a HIPPA Violation? Can I make a remark to this in our hearing? Thank you for your assistance.

ScottGem
Jun 24, 2008, 10:52 AM
No this is not a HIPAA violation. It is however a breach of professional ethics. This is proprietary information for the clinic and, if she took it without permission, it could be considered theft.

For it to be a HIPAA violation it would have to have included diagnosis or treatment info and she would have to give that info to someone else.

Fr_Chuck
Jun 24, 2008, 01:14 PM
And it could be considered a theft of company property, also was there any signed agreement not to release info.

Also what does this list have to do with the unemployment claim.