"Norminn" wrote in message
m...
On 8/29/2011 11:07 AM, Robert Green wrote:
wrote in message
stuff snipped
I've told employees that if they're aware of something I would want to
be
told of and they don't do so, then when I find out about it anyway and
then
discover they didn't tell me I'll have learned that I can't rely on
them--that means I'll have no reason to keep handing them a paycheck.
Whether or not HIPAA requires it, Mary is demonstrating a lack of
trustworthiness to her employer by not reporting such a fishy request,
she
has to know Bob is up to no good.

Agreed. She's denying the boss important information. Namely that an
ex-employee is trying to get hold of records he shouldn't have. She
could
probably be held culpable by some Clarence Darrow wannabee because had
he
known, the boss could have locked them in a safe. It's not likely that
Bob
will stop trying to acquire that document, and I can think of several
means
including burglary. Letting the boss know Bob wants something gives him
the
opportunity to better protect that document. If I were the boss, I too
would be ****ed she didn't mention it.

--
Bobby G.



In a strict legal sense, the people who received or learned of the
request may not have much to worry about unless .... they have no need
to know but access the client record anyway, curious about why Bob might
have made the request....then, Bob does something directly involving the
client and gets arrested. Legal investigation reveals his request and
their access of the record and, bingo, they are part of a conspiracy
charge. I don't play legal eagle often....my gut tells me that Bob has
big problems. One, poor performance over relatively ?long time? After
being terminated, making a knowingly improper request of former
employees...double-stupid...HIPAA is the bible of healthcare, pounded
into every employee from day one, special forms in all patient charts,
etc, about "right to privacy" and documented exceptions.

When I did telephonic case management of workers comp, I encountered
plenty of fishy claims. One stands out as being really stinky from day
one....trying to call the client and reaching his answering machine was
like hearing a mobster in a B movie. Things went along, his doc
volunteered that he did not believe the complaint was legit, but still
had to follow medical advice and restrictions. I finally called the
employee's corporate risk mgr., told her I didn't know what was bad
about the guy, but SOMETHING is. She set up a security camera for his
return to work (restricted duty), caught him taking money from the till
on his first day back )

I'm of the opinion that CCTV has changed the legal landscape as much, if not
more, than DNA. God knows the number of miscreant till-tappers, coffee pot
poisoners/****ers and others that have been felled by CCTV.

We had a terrible theft problem IN A SECURE BUILDING of people's personal
and desktop items. One CCTV hidden in a wall clock later and the guy was
caught. It was the building engineer. Managment didn't act on the problem
until he started ripping off the VP's. We never did get our stuff
ack. )-:

--
Bobby G.