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CaseyO · Jul 24, 2010, 08:30 PM

As an independent contractor, I am paid a % per client from the Establishment owner. She wants me to turn over all my client files to her and I feel this is a breach of privacy to MY clients even though I work on them in her establishment. Do I have any legal standing to not having to give her my client files? Does this fall under the Privacy Act?
She basically has no need of my files unless she was to work on one of my clients and then, I feel, there would be a "need-to-know" and would gladly share the file with her since the client would be seeing her (but most of my clients choose not to see her for various reasons). I'm in a quandry and trying to stall letting go of my files. PLEASE HELP and tell me where I stand, legally!

AK lawyer · Jul 25, 2010, 06:03 AM

Originally Posted by CaseyO

As an independent contractor, I am paid a % per client from the Establishment owner. She wants me to turn over all my client files to her and I feel this is a breach of privacy to MY clients even though I work on them in her establishment. Do I have any legal standing to not having to give her my client files? Does this fall under the Privacy Act?
She basically has no need of my files unless she was to work on one of my clients and then, I feel, there would be a "need-to-know" and would gladly share the file with her since the client would be seeing her (but most of my clients choose not to see her for various reasons). I'm in a quandry and trying to stall letting go of my files. PLEASE HELP and tell me where I stand, legally!

It's not encouraged to attach a new question on someone else's thread. The recommended procedure is to start your own thread.

Which "Privacy Act" is it to which you are referring? Are you a health care provider?

CaseyO · Jul 25, 2010, 12:42 PM

Yes, I am the health care provider. Privacy Act of HIPPA. The owner of the business is also a health care provider and sees her own clients, keeps her own appt. book PRIVATE (I keep my own appt book but also record clients I'm seeing in the office book for her info and so we don't double-book in case she gets a call that she can't take and wants to know if I'm available. I have no problem with that arrangement. I keep my records of payments up to date, show up in plenty of time to see clients in a relaxed fashion, advertise for myself on the web and business cards, etc. help clean the office, etc. I've been practicing 26 years and feel that my integrity is strong in wanting to keep my client's files private, as they've requested.
Thank you for your response. This is a totally new concept of website you have here and I'm learning how to use it. Hope I've done it correctly.

AK lawyer · Jul 25, 2010, 01:57 PM

Originally Posted by CaseyO

As an independent contractor, I am paid a % per client from the Establishment owner. She wants me to turn over all my client files to her and I feel this is a breach of privacy to MY clients even though I work on them in her establishment. Do I have any legal standing to not having to give her my client files? ...

Yes. Unless your contract with the establishment owner gives her the right to copies of the files, tell her the answer is no. Even if it does, tell her that you would need client permission first.

CaseyO · Jul 25, 2010, 03:31 PM

THANK YOU! I have no written contract with her but I do want to protect my client's privacy and she has NO need of their files (except their Intake forms which she inputs into her data bank).
Bless you for a prompt answer :-)
That takes a big load off my mind this weekend.
I appreciate your service. Good bye and have a good week.