Ask Me Help Desk - HIPPA Violation

I have been discharged from MD I worked for 8 years. Unemployment was denied because MD said I violated HIPPA rules by speaking about a patient with Hepatitis C which I honestly did not do unless on the phone behind a desk which can be heard by all patients waiting in the waiting room and in examination room. How can she prove this against me? I want to appeal as I feel this is totally unfair. When she discharged me she indicated it was because I didn't get along with staff which I felt was also unfair. Do I have a legal leg to stand on vs. Doctor. Can I find out more information about the charge before the Appeal date? Any information is helpful - if other cases have been discussed in this forum I would appreciate it if you could guide me to them Thank you

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Originally Posted by Jeenie1128

I have been discharged from MD I worked for 8 years. Unemployment was denied b/c MD said I violated HIPPA rules by speaking about a patient with Hepatitis C which I honestly did not do unless on the phone behind a desk which can be heard by all patients waiting in the waiting room and in examination room. How can she prove this against me? I want to appeal as I feel this is totally unfair. When she discharged me she indicated it was b/c I didn't get along with staff which I felt was also unfair. Do I have a legal leg to stand on vs. Doctor. Can I find out more information about the charge before the Appeal date? Any information is helpful - if other cases have been discussed in this forum I would appreciate it if you could guide me to them Thank you

I would "guess" you're considering an Unemployment Insurance Hearing? I'm a little confused about why this is not a violation if you "honestly did not do unless on the phone behind a desk WHICH CAN BE HEARD BY ALL PATIENTS WATIING IN THE WAITING ROOM ADN THE EXAMINATON ROOM." If it can be overheard, it's a violation.

At any rate, it's your word against the word of the Doctor. You would bring witnesses (if you have any) and the Doctor would bring witnesses (if there are any) and the Arbitrator (in many States) will make a determination on which side is telling the truth.

If you are arguing that you should not have been discharged because you DID get along with other staff, then you would bring those witnesses with you.

You can be discharged in most States for no reason at all but I am surprised that the Doctor is blocking you from collecting Unemployment.

Do you know the details of the alleged HIPAA (not HIPPA, by the way) violation? Was the office fined or reprimanded or did someone complain?

I don't know how Unemployment Hearings are conducted in your area - I've only gone to two to testify concerning investigations and in both cases both sides had any and all "evidence" they thought was important with them at the time. There was no adjournment and no one was subpoenaed to attend.

I'm completely in the dark about the MDs accusation of a violation of the HIPAA law. Can we have discovery before the unemployment appeal date? Does the MD have to appear in person or is she able to send a representative. How could I ask the girls I worked with if they would be a witness on my behalf. They don't want to chancce losing theirjobs.
Any other ideas how I might prove my case. Thank you - can I be charged with a violation other than not giving me unemployment if this is decided vs. me.

I'm not too sure about the court part of it. I can understand the other girl's hesitation. But unemployment benefits can be denied if you are fired for something that you did wrong. So, yes they can deny it, because your employer is the one paying them out.

Quote:

Originally Posted by Jeenie1128

I'm completely in the dark about the MDs accusation of a violation of the HIPAA law. Can we have discovery before the unemployment appeal date? Does the MD have to appear in person or is she able to send a representative. how could I ask the girls I worked with if they would be a witness on my behalf. They don't want to chancce losing theirjobs.
Any other ideas how I might prove my case. Thank you - can I be charged with a violation other than not giving me unemployment if this is decided vs. me.?

Please don't keep posting new questions - this should be added to the other post . Instead of answering questions and furnishing necessary info you have opened a whole new thread.

I think I answered most of this already. Need more info for the rest. Don't know what you can be charged with until I know what happened.

There is one hearing - there is no discovery procedure. This is not a trial, it's a hearing. What State?

As far as the people you worked with - as I explained, they are your witnesses to your being warned and possibly terminated for not getting along with the people you work with. They are also possibly witnesses to the violation.

If the Doctor heard you violate HIPAA, yes, the Doctor will testify. Otherwise the Arbitrator may very well let someone else speak for him/her.

If the MD is willing to take it this far - deny you unemployment - he/she is not afraid to come to a hearing and I would presume he/she thinks there is credible evidence on his/her side.