This legal case shows how much our social circles interrelate and how easily boundaries can be violated. If you ever believe that you are safe from boundary violations in a current, complex culture, you may want to rethink this position. A lesson for all in this legal case. I will excerpt a fascinating portion of this case.
Roetzel and Andres
Originally posted 10 June 20
Possible Employer Vicarious Liability For Employee’s HIPAA Violation Even When Employee Engages In Unauthorized Act
Here is the excerpt:
When the plaintiff came in for her appointment, she handed the Parkview employee a filled-out patient information sheet. The employee then spent about one-minute inputting that information onto Parkview’s electronic health record. The employee recognized the plaintiff’s name as someone who had liked a photo of the employee’s husband on his Facebook account. Suspecting that the plaintiff might have had, or was then having, an affair with her husband, the employee sent some texts to her husband relating to the fact the plaintiff was a Parkview patient. Her texts included information from the patient chart that the employee had created from the patient’s information sheet, such as the patient’s name, her position as a dispatcher, and the underlying reasons for the plaintiff’s visit to the OB/Gyn. Even though such information was not included on the chart, the employee also texted that the plaintiff was HIV-positive and had had more than fifty sexual partners. While using the husband’s phone, the husband’s sister saw the texts. The sister then reported the texts to Parkview. Upon receipt of the sister’s report, Parkview initiated an investigation into the employee’s conduct and ultimately terminated the employee. As part of that investigation, Parkview notified the plaintiff of the disclosure of her protected health information.
The info is here.