Legal Question in Health Care Law in Ohio

i am a healthcare worker at a nursing home, i was recently suspended from my job for using a patients name in a comment i posted on facebook. although the comment was not threatening nor did i post any personal information about that person i was accused of violating hipaa laws. my question being: is using a patient's name in conversation a violation of hipaa?


Asked on 5/26/10, 2:03 pm

1 Answer from Attorneys

Vaseem Hadi Rendigs, Fry, Kiely & Dennis LLP

By using the resident's real name, you've confirmed he or she is a patient or resident at the nursing home. So, that could be perceived as a violation. It could also be construed as a breach of the resident's privacy rights. I assume you are an at-will employee. If so, the employer can discharge you for any reason so long as it's not unlawful, i.e., discrimination, retaliation for doing something protected under the law, etc. Your employer is probably concerned this situation may have exposed them to liability to the resident. It sounds like the employer was within its rights to take action. In the future, please remember to use fake names when discussing work situations. Good luck.

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Answered on 5/27/10, 6:46 am


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