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-   -   Can I be prosecuted for HIPPA Violation when a restraining order (https://www.askmehelpdesk.com/showthread.php?t=481689)

  • Jun 21, 2010, 02:34 PM
    LST920
    Can I be prosecuted for HIPPA Violation when a restraining order
    Can I be prosecuted for HIPPA violations due to breach in security when an individual I had a restraining order on entered the building 3 times? (Security had the order & photo) I have already been suspended without pay pending completion of an investigation.
  • Jun 21, 2010, 02:47 PM
    AK lawyer
    Quote:

    Originally Posted by LST920 View Post
    Can I be prosecuted for HIPPA violations due to breach in security when an individual I had a restraining order on entered the building 3 times? (Security had the order & photo) I have already been suspended without pay pending completion of an investigation.

    HIPPA violations are not crimnal acts, so: no.

    Why are you being suspended and investigated for a breach of security? Did you somehow help cause the breach?

    And what does a breach in security have to do with health care information?
  • Jun 21, 2010, 02:58 PM
    LST920

    No, I did not cause a breach in security. I seemingly violated HIPPA in that where security did not notify me that the individual I had a restraining order was in the building so I checked on the computer to see if he was there before I left my department because I was trying to protect myself from potential harm.
  • Jun 21, 2010, 03:31 PM
    AK lawyer
    Quote:

    Originally Posted by LST920 View Post
    No, I did not cause a breach in security. I seemingly violated HIPPA in that where security did not notify me that the individual I had a restraining order was in the building so I checked on the computer to see if he was there before I left my department because I was trying to protect myself from potential harm.

    So, let me make some guesses and see if they are right:
    You work in a hospital, doctor's office, medical clinic or something like that. The person who was the subject of the restraining order was a patient. You looked at his medical file in the computer system, to determine if he was in the building

    May be a HIPPA violation, I guess, but as I said, you can't be charged with a criime (i.e.: prosecuted).

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