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I am a Licensed Profession Counselor (LPC) in the state of Illinois recently fired. What are my rights?

Naperville, IL |

I am being accused of violating HIPAA law by taking a client's file home to do progress notes and check their insurance coverage. (Resources were not provided at the office facilitate this effort) My boss-the owner/Licensed Clinical Professional Counselor (LCPC) - who is responsible for my supervision- advised me not to do this- I followed her direction.. However, months later, when I began questioning business practices and asking why I had not received my pay for clients seen 4 months prior... she fires me -citing that I took files home more than once and turns it on me that I have questionable motives- all unfounded. She did not pay me in full - telling me I have to wait for payments when the insurance carrier pays.

Attorney Answers 3

Posted

There is no potential HIPAA violation if noone but you actually saw the records you took out of the office. (Not saying this is a good idea, just not necessarily a violation.)

I've edited the tags above so an employment lawyer in your area might see the question and be able to help you. Good luck.

This response is intended to provide general information, but not legal advice. The response may be different if there are other or different facts than those included in the original question. See MKnutsonLaw.com for more information on why this communication is not privileged or create an attorney-client relationship.

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Norman Antonio Stiteler

Norman Antonio Stiteler

Posted

I agree with Attorney Knutson, but would also point out that while the HIPAA law may not have been violated, you might very well have violated the policies of the facility put into place to protect patient privacy.

Posted

You may want to repost this under "employment law" with your location. Or, you can do an AVVO search for employment law. View the profiles of attorneys from the search, call one you like, and see if there is some cause of action. At least, recovery of your pay would be a next step.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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Posted

You really should consult an employment lawyer and get their advice.

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