I reported co-worker for HIPPA violation and she got fired ...

[Joe Kelly]

Jurisdiction

New York

I work in a hospital and had a test performed, as a patient. I learned from another employee my results! A co-worker helped herself to my records, printed a copy, and broadcasted the information. She was terminated. But now I'm back to work and I'm about to have my position abolished. Being there only 9 1/2 years, and not 10, my union cannot "guarantee" another position, or my salary. So I'll be screwed. Can I sue the hospital for retaliating on me, because I reported the Hippa violator in my department ?

 

[adjusterjack]

Why do you believe that there is a connection?

A better question: Can you prove (not just say) that there is a connection?

 

[ElleMD]

There is no private right of action under HIPAA so that answer would be "no". If you feel that your employer violated HIPAA, you can report it to the Department of Health and Human Services.

There are some states which allow you to sue under the public policy violation theory, but you do not mention your state. If you are in a state which recognizes this, you would need much more than just you did X and they are now doing Y. You would have to prove the report was the reason. Filing a report is not a shield against being fired and if the position is truly being abolished, it is going to be very difficult to prove this was the reason, absent an admission from the employer.

 

[Betty3]

I work in a hospital and had a test performed, as a patient. I learned from another employee my results! A co-worker helped herself to my records, printed a copy, and broadcasted the information. She was terminated. But now I'm back to work and I'm about to have my position abolished. Being there only 9 1/2 years, and not 10, my union cannot "guarantee" another position, or my salary. So I'll be screwed. Can I sue the hospital for retaliating on me, because I reported the Hippa violator in my department ?

It's HIPAA not HIPPA & how do you know your position is being abolished because you reported a co-worker for what you believe to be a HIPAA violation?

 

[cbg]

Can you prove, with evidence sufficient to satisfy a court of law, that your position would NOT have been abolished had you not made the HIPAA complaint?

If not, you've got nothing.