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If a coworker is on a personal call while helping a patient does that violate HIPAA?

San Francisco, CA |

my coworker does not work and is always on personal calls. i have told my manager plenty of times but they dont do anything. My coworker is on personal while making appts for pts and asks last name and first name all while on a persoanl call the pts may not know but i do and we signed a paper once we were employed about understanding the HIPAA laws. i want to know what i can do so that my manager is forced to do something about this lazy worker and her violating HIPAA MANY MANY MANY times!

Attorney Answers 2

  1. Just being on the cell phone does not violate HIPAA in and of itself. HIPAA has to do with disclosure of confidential health/medical information. If she is doing that, report her to HR as well as her lazy work ethic--the more co-workers complain, the more weight it will have.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

  2. If you have already reported it to the manager, and the manager has not done anything about it, I am not sure what else you can do. What you describe does not appear to be a HIPAA violation. Try and ignore the co-worker.

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