[BlueAgave]

I recently worked in a skin treatment center for a number of years. I am going out on my own to provide treatments. Due to the need for my clients to contact me about their conditions after treatments, I currently have a list of the names and phone numbers of clients that I have seen. Is it a violation of HIPAA regulations to contact them regarding my new business contact information?

[N0help4u]

It wouldn't be a HIPAA violation BUT you need to make sure you didn't sign a paper with that employer (I can't remember what it is called) that basically says you will not be competition to them even after you terminate your employment with them.
Basically it is not ethical to become your employer/ex employers competition.

[ScottGem]

No this is not a HIPAA violation unless you reveal a contact to another contact.

However it may be a violation of a non-compete clause in your employment agreement. Or you may be sued by your former employer for stealing clients.

[BlueAgave]

On what grounds would they sue me over "stealing clients" if a non-compete clause or employment agreement was never signed?

[Fr_Chuck]

They could say you "stole" their companay property ( list and phone numbers) And sue you for your profit.

[J_9]

Actually, it CAN be a HIPAA violation. The names and phone numbers of clients are property of the facility in which the clients are patients.

[ScottGem]

On what grounds would they sue me over "stealing clients" if a non-compete clause or employment agreement was never signed?

Client information is as much an asset of a firm as their desks and chairs etc.

[J_9]

Not to mention, that to look up a patient's name and address, you have to have access to their chart. Having access to the chart and getting the needed information would be considered a violation if used in any way other than for the care of the patient.

[J_9]

N0help4u agrees: yeah they can't look it up but if they already know it...

NH... how would they go about proving they already know it? Sorry, but this does not hold weight with HIPAA.

[N0help4u]

I see your point. I think it definitely is not a wise thing to do.
I was thinking that in a skin treatment center the patients may be more likely to talk to the workers about their personal life than they might be at a doctors office or a hospital.

[J_9]

I see your point. I think it definitely is not a wise thing to do.
I was thinking that in a skin treatment center the patients may be more likely to talk to the workers about their personal life than they might be at a doctors office or a hospital.

Doesn't matter... what happens in the clinic stays in the clinic. Once an employee clocks out... all info they know is to remain behind the doors of that clinic.

[BlueAgave]

Charts are not the only source of information. I have done a number of seminars and marketing events where people have signed up on lists for me to call them or email them information. None of this occurred within the confines of an appointment or on the grounds of the treatment center. Any thoughts?

[J_9]

Charts are not the only source of information. I have done a number of seminars and marketing events where people have signed up on lists for me to call them or email them information. None of this occurred within the confines of an appointment or on the grounds of the treatment center. Any thoughts?

If you did the seminars and marketing events while employed by the treatment center the records are still theirs. You have no legal right to them. This could, and possibly would, be considered theft of property.

[ScottGem]

J_9 is correct. Even if you weren't doing them under the purview of the center, how did these people learn about them if it was through the center, then the same issues apply.

[N0help4u]

I have to agree with that. If they come to you it has to be on their own accord without any influence from you. I was looking at it more from the ethical perspective but what J_9 and Scottgem says makes sense.