Is this a HIPPA violation?

[marierd]

What is the name of your state (only U.S. law)? nj

If I have an unemployement hearing with the department of labor, and I need to subpoena patients and patient records - if I supply the dep't of labor with the name and date of birth of the patients so that they can be subpoenad, is that a HIPPA violation. What if I only supply the name of the patient, with no other info. to the DOL, is that a HIPPA violation?

Thanks.

 

[cbg]

No, but it very well could be a HIPAA violation.

 

[commentator]

Who in the sam hill do you need to subpoena? How many patients? Where are you going to get their personal information to present it?

Were you working for a medical office? A nursing home? A hospital? What are you going to try to have these people testify to that is related to your unemployment insurance? Maybe what the employer said to you in front of them? I am very confused.

You need to re-think this VERY carefully. The department of labor will not accept and will not subpoena people in violation of HIPAA laws for you. The fact that you presented their patient information which you obtained through your working for them to anyone else could be used by your employer to sue you for stealing their patient information, totally unrelated to unemployment issues.

Tell us, please, what you think you need these patients to testify to? What is your argument? In most cases related to unemployment hearings, the word of the claimant about what happened in your interaction with these patients would be quite sufficient evidence of whatever you are trying to say happened.