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Can I get unemployment if I am fired for a HIPAA violation

by Anonymous

I am in the home health care business and work for a company. I had a prior client for 3 years full time. His family loved me and I got raises each year and good evaluations from my company. He passed on and I have been collecting Unemployment for a few months. I was given another client for only two 6 hour days a week and collecting partial UC. I mentioned to my new client how much my old client loved to go to the park and feed the geese and perhaps the new client would like to go sometimes. I may have even mentioned his name.

MY employer said I violated the HIPAA laws by doing what I did. I had permission from the family of my prior client to talk of him if I wanted to. I only spoke highly of him.

They have not fired me yet, but I feel it is coming I think they want to get rid of me so they don't have to pay UC anymore for me. I have to drive an hour one way to get to work and I am actually losing money now only working 2 days a week but was told I couldn't turn it down.

Hi Anonymous,

I'm having a hard time understanding how talking to a current client about taking a former client to feed geese and if they'd like to do the same is a HIPAA violation.

I thought HIPAA dealt with medical privacy. If they fire you for this, I think your focus needs to be on proving your action wasn't a HIPPA violation. AMA HIPAA

Exactly how did this become an issue? It seems like a fairly innocuous statement and I guess I'm wondering how anyone even found out about it.

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For: Need Answers
by: Chris -

I can only offer one answer .. I don't know if you can collect unemployment for the reason you were fired, as it relates to a violation of HIPAA.

Also, know that I don't know, what imn stands for, but what you did reveal raises questions for me, regarding whether your mistake was a one time inadvertent mistake made while performing your job in good faith, or if it might of been the second, or third time the employer had warned you about making inadvertent mistakes, to effectively allow the employer to prove one of the words found in the definition of misconduct, such as carelessness, negligence, for me to feel okay to make an informed call about your ability to receive benefits, because I believe it was a one-time inadvertent and unintentional mistake not rising to the definition of what work misconduct reads like when an employer has the burden of proof .. to prove misconduct to deny unemployment benefits.

Need anwers
by: Anonymous

I mistakenly put a paper with residents name on them with imn number in my pocket, went to lunch at a different hospital and it fell out my pocket then hospital called them but didn't call state can I get unemployment if fired?

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