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snee1969 · Feb 10, 2011, 07:35 AM

I was falsely accused of a hippa violation that was reported by the step-mother of my niece after she attempted to have my niece seen for services at my place of employment. Due to step-mother not having verbal or written permission by a biological parent she was refused service. This event took place in November and the complaint was just filed end of January My daughter posted a comment during a Facebook argument in December, with a family member of my neices step-mother that she (step-mother) had no legal custody over my niece and was limited to things she can do with her such as bring her to the doctor, etc. If my daughters comment was directed towards my neices refusal of service it was due to conversations she had with my niece. They are close cousins and grew up together and I have no control over their conversations but the step-mother is accusing me of telling my daughter that I told her about the incident at work. How can I protect myself from this false accusation.

AK lawyer · Feb 10, 2011, 07:57 AM

Originally Posted by snee1969

... How can I protect myself from this false accusation.

First, you have me totally confused with your multiple references to different relatives. The essence of it seems to be that a HIPPA complaint has been made against you for allegedly telling your daughter that the step-mother was unable to get the child treated because the step-mother didn't have the proper authorization. Is this correct?

I don't know for sure that information about whether one has authority to authorize treatment for a minor is HIPPA-protected information. But, assuming that it is, all you can do is, if asked, report what information you gave to whom, under what circumstances, and when.

snee1969 · Feb 10, 2011, 08:20 AM

You have it right, but my niece told my daughter this information on one of their many phone conversations and the step-mother is stating that I gave out the information of them being in the clinic, so this is being used against me.

AK lawyer · Feb 10, 2011, 08:29 AM

Originally Posted by J_9

Not a reddie, but you know it's HIPAA, not HIPPA!

All I know is that most people spell that darn acronym wrong. I can never remember and usually look it up, but today I was lazy and just copied it the way OP spelled it.

J_9 · Feb 10, 2011, 08:33 AM

Okay, so the OP works at the doc's office. The OP's daughter talked to the niece who told the daughter everything yet the OP is being accused.

Sticky situation there.

AK lawyer · Feb 10, 2011, 08:49 AM

Originally Posted by J_9

Okay, so the OP works at the doc's office. The OP's daughter talked to the niece who told the daughter everything yet the OP is being accused.

Sticky situation there.

Every time, the OP should tell everybody, the daughter included "sorry, I cannot talk about it."

J_9 · Feb 10, 2011, 08:52 AM

BUT, the OP didn't talk about it. Supposedly the daughter and the niece did, but the OP is being accused.

Facebook is the root of all evils. If you don't want the world to know about it, don't post it on Facebook.

AK lawyer · Feb 10, 2011, 09:35 AM

Originally Posted by J_9

... Facebook is the root of all evils. ...

:D
Just watched Social Network last night.

snee1969 · Feb 11, 2011, 04:54 AM

Update...

My employer decided to drop the allegations.. they said the information could have come from anywhere as well as finding out that the "evil step-mother" has personal issues within my family. I can sleep now, thanks for all your support.

J_9 · Feb 11, 2011, 04:56 AM

Originally Posted by snee1969

Update...

My employer decided to drop the allegations..they said the information could have come from anywhere as well as finding out that the "evil step-mother" has personal issues within my family. I can sleep now, thanks for all your support.

Glad to hear that! :D

ScottGem · Feb 11, 2011, 05:02 AM

Originally Posted by snee1969

Update...

My employer decided to drop the allegations...

Ok, so what really happened is the step-mother made a complaint to your employer. Your employer investigated and found that there is no direct evidence that you supplied the info. Further, I suspect they also found that no info about diagnosis or treatment was revealed in any case. So there was no violation and the complaint was dropped.

However, you do need to educate your daughter. Explain to her that there are laws about the privacy of medical info and that, to protect you, she should not discuss anything she hears about what goes on in your employer's office to anyone.

AK lawyer · Feb 11, 2011, 08:01 AM

Originally Posted by snee1969

Update...

My employer decided to drop the allegations..they said the information could have come from anywhere as well as finding out that the "evil step-mother" has personal issues within my family. I can sleep now, thanks for all your support.

Thanks for the update. Good news. :D