[LST920]

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.

[AK lawyer]

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?

[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.

[AK lawyer]

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).