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Is there a defense for a HIPPA violation resulting in termination ?
I was terminated for a HIPPA violation. My actions were not willful or intentional. The applicable section of law is NMSA 1978 51-1-7A and NMSA 1978 51-1-11B. I had previously been written up for mistakenly given incorrect medical test results and again for calling the wrong number to give out a test result. I misdialed the phone number and after identifying myself as calling from a reference laboratory; I gave the value of the test result. The person who I spoke to did not tell me I had called the wrong number. My actions were not willful or intentional. I was under a lot of stress and anxiety as my grandmother was dying from dementia. My grandmother passed away the following week.
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I DID identify myself. You must not have taken the time to read what I did do. Again, I misdialed the contact number and after I identified myself, I gave a test result. It was not a critical value. The person who answered the call did not say anything to suggest I called the wrong number.
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Did you not ask to whom you were speaking? From what you have written I see no defense here.
As a medical professional, you should never give results until you know who you are speaking to. i.e. "May I please speak with Jane Doe?" "Speaking" Then you should use one of the two patient identifiers. Over the phone the main patient identifier is typically the birth date. If you do not know the name of the person to whom you are speaking, nor the patient identifier, you should never divulge the information/test results. |
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You are required to properly know, who you are talking to.. Sorry, this is not an excuse. If you were not trained properly to make the phone calls, or if company policy did not require,, that may be a defense. But it seems you were even warned before about doing this
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