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    Wordplay44's Avatar
    Wordplay44 Posts: 2, Reputation: 1
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    #1

    Nov 28, 2018, 08:47 AM
    Accused of a HIPPa violation by coworker
    12/5 I was accused by a coworker of taking home signature logs with PPI information(ppl Social Security and name) I then went to the Hippa officer and made a formal compliant about the claims staring it was untrue . My question is can the coworker sue me for defamation of character about the accusation??
    J_9's Avatar
    J_9 Posts: 40,291, Reputation: 5645
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    #2

    Nov 28, 2018, 08:59 AM
    Let me flip the question. Could you sue the coworker for making the accusation? You made a formal complaint, just as the coworker did. This should be handled by your risk management team.
    Wordplay44's Avatar
    Wordplay44 Posts: 2, Reputation: 1
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    #3

    Nov 28, 2018, 09:05 AM
    Thank you for your quick reply but I am confused what do you mean can I sue them I was told by the HIPPA officer that I was protected under the Whistleblower laws which protection someone from retribution from coming forward. I also don't understand how can this be handle by risk management?
    J_9's Avatar
    J_9 Posts: 40,291, Reputation: 5645
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    #4

    Nov 28, 2018, 09:24 AM
    It can be handled by Risk Management as it relates to the patient information. Your compliance officer is correct in that you are protected. So, if you are a protected employee, why are you concerned?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Nov 28, 2018, 12:04 PM
    Whistleblower laws protect you from the company. Not from the individual.

    If what you said was true and can be proven, even if you are sued, then the proof of their wrong doing is all that is needed.

    (Although merely taking information home, is not a violation if
    1. they are authorized to do so
    To the material is properly protected while at home.

    So perhaps you needed to verify the information before filing a formal complaint.
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #6

    Nov 28, 2018, 03:01 PM
    PS it is HIPAA

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