Caregiver and HIPPA: Should I report this caregiver for their violations?

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Selina1982 Asked June 2023

Caregiver and HIPPA: Should I report this caregiver for their violations?

I am concerned about a caregiver that I had before. It’s regarding hippa, which I didn’t know exactly what it is about and this caregiver I had, I believe is in complete violation. She is gossiping about her client. She told me everything about her, I really don’t know why? Question is should I report her to the agency? Should I report it to hipaa? I feel like this caregiver is not a real caregiver because she should already know this law. She does not seem fit for her job, like she is just there for the money and not out for anyone's best interests. Like she is pretending to care and she is the type of person to engage in gossip and drama. I want her held accountable for her actions!

Elder Law HIPAA Working Caregiver

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score 2 · Answer 1

Selina,

Upon reading your reponses below I think this is more about your general dislike for a caregiver you yourself had, and your feelings that the care she gave was faulty. This is reportable to her agency. Once you do report in full your complaints it is up to the agency what action they will take against this caregiver, and is basically out of your hands.

You say you don't want others "hurt" as YOU have been hurt. That is a good motivation. So make your report brief, clear, in writing, and then let this go would be my advice.

Helpful Answer (2)

score 2 · Answer 2

Selina,

I just read your response to me. I’m very sorry that you are having a difficult time with all of this.

I’m also sorry that your situation is complicated even more by additional anxiety due to having autism.

May I suggest that you speak with a therapist who will provide tools for you to learn how to cope.

You don’t seem to be comforted by the answers that you have received from posters on this forum.

I truly hope that you will be able to find a wonderful therapist who can help you decide what is best for you.

Wishing you all the best.

Helpful Answer (2)

MD: I'm with you on the unfollowing this post (and others from this op on the same topic)

(3)

score 2 · Answer 3

As I said before, I am sorry that you went through all of this.

I am curious as to why you kept her employed when you felt that her work wasn’t satisfactory. Couldn’t you have kept repeating that you weren’t interested in hearing about other clients? Or left the room when she spoke?

Also, do you have proof that you are able to provide to the agency? Or is it your word against hers and they will investigate? Have you documented her behavior?

What have you learned from this experience? Did you install cameras? Have you given clear instructions on what is required for your needs? Have you expressed what won’t be tolerated?

I understand your frustration about what happened in the past but please don’t allow this experience to take over your life. It looks like you have done all you can do.

I assume that you don’t want others to experience what you have if they are assigned this particular caregiver. You want her to face consequences for her actions. I get it.

After this is settled though, please don’t dwell on it. Move on and don’t allow this to eat you up with anger. You deserve to live in peace. Place your energy towards moving forward and let go of the past.

Take care.

Helpful Answer (2)

Exactly am not going to dwell on this anymore once the outcome is settled am not am moving on exactly that I DONT want anyone to go through what I went through absolutely not after all it’s not right or not fair plus I have experienced trauma from this it really affected me in ways so as time goes on I will heal and recover from it.

(1)

score 2 · Answer 4

HIPPA is for medical information. Is she talking about a clients health? Telling you about her diagnosis or just complaining about her. If its just complaining, thats not a HIPPA violation but is unprofessional. Not sure if its illegal. It could be for a Drs office, hospital, rehab etc. None of them can give out ur info without written permission. If you don't want family members, including ur spouse, to know anything about u Medically, they can't be told.

Helpful Answer (2)

yes understand she clearly has stated what she said about her client she has told me her first and last name of her client and her medical condition and where she lives and her house conditions as well I seriously don’t understand why share with me this information with me? I feel bad for the woman the elderly lady but for the bad caregiver to share this is beyond me clearly she has no respect or cares about the law to she will gossip about anyone she doesn’t care about no one in her life that’s how bad and miserable she is pretending to be happy when she not happy needs to seriously get a real life as well because it’s sad and she will never change!

(0)

score 3 · Answer 5

Why dredge up old history with a former worker? Seems like you want revenge for something that's happened in the past. Let it go.

Helpful Answer (3)

Seriously you don’t know what my ex provider is capable of I also experienced verbal and emotional abuse from her you seriously think I am out for revenge??? No you think this is acceptable behavior!!!! If I was about revenge then I be s messed up person!!! She seriously doesn’t deserve to be a caregiver ok her heart is not into caring for people at all only money she yelled at me to and made me cry she had it very easy at times not doing her job sitting on her behind with her phone I am a Easygoing friendly client sje had it well but sadly she took advantage of me and she put fear in me understand it’s hard to speak up with your in that position situation so eventually I spoke up and she left the next day so this isn’t about revenge it’s about doing the right thing and she doesn’t deserve to be in this agency anymore or a caregiver for anyone period!!!!

(0)

score 1 · Answer 6

If she has a state license then report her to the state. They should investigate and remind her as a scare that she could get fined over 100k.

Helpful Answer (1)

She had already been reported to the agency which is ihss which stands for in home support services so the report is already filed and submitted so yes I hope they terminated her completely removed her from this agency she needs to so she don’t hurt anyone else she is definitely capable of doing so.

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score 3 · Answer 7

What proof do you have that she divulged sensitive information about you or another client other than your say-so?

If you don't have proof, it might be a good time to mind your own business. Getting caught up in others' issues is sometimes not the best thing you can do for yourself.

If this caregiver told you things about another client, I presume that the information is safe with you and will go no further, right?

Helpful Answer (3)

Oh so I guess if hipaa laws apply I believe you like to be going against this and she gossiping about everyone in her life and her own family members to and you know why would I mind my own business when she clearly bought this up she did that to herself understand!!’ Guess this woman enjoys drama in her life because she got nothing good going on in her life it’s miserable!

(0)

score 4 · Answer 8

I am a bit curious why you did not immediately stop this caregiver's gossiping about her client and explain to her that it is against the law to share this information?

Your caregiver may be unaware that she could lose her position for doing this and that she might not be hired by any others, and that this is extremely dangerous to her job.

Helpful Answer (4)

Well exactly plus I didn’t know about hipaa law at all otherwise I would have stopped it completely this is why I did report that already to and she the ex provider is no longer here which she knows she is serious trouble now she will have to face the Conquences of her actions for that I feel bad for the lady to believe me she elderly has dementia so think about it she talked about by this terrible caregiver she doesn’t care about anyone only herself she is horrible!!!

(0)

score 1 · Answer 9

If you report her to her agency, how will you prove what you are accusing her of? I'm not sure HIPAA rules apply in this situation since she's not a medical professional (but I could be wrong). Is she divulging your medical information? HIPAA relates to private medical information, not just any information.

https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.htmlv

Helpful Answer (1)

I believe she is violating the law for show because she already gave me her name where she lives what condition she has and even saying her house is dirty and saying she already hoarding because of her condition I mean come on if this was a real caregiver with real intentions and would help the situation with this woman she already would which is time she will not care about her in time she will bail when the condition worsens so she there for the money her heart is not in the real place period I would know been there with her not in it!

(0)

score 1 · Answer 10

I agree with you that she isn’t responsible enough to be a caregiver. She doesn’t follow any of the guidelines, nor has she been sufficient in her caregiver duties. I hope this matter is resolved soon.

Have you found a reliable replacement for her?

Helpful Answer (1)

Exactly no way responsible in her duties whatsoever and definitely not following the guidelines more of a rule breaking caregiver and a slacker to and I have already indeed found another provider so far so good so hoping everything in the best for this one.

(1)

score 2 · Answer 11

If you want to tell the agency what she is doing then do so. How long have you had her as a caregiver? Is there a reason why you haven’t said anything to her supervisor?

You clearly aren’t satisfied with her service. Feel free to notify the agency that she isn’t working out and ask for another caregiver to replace her. I hope that you will find a suitable caregiver soon.

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I have had her a year and absolutely not happy with her service more so her character which it explains how she is she is not with me anymore she terminated herself recently other things cause her to leave I have already reported her to I have reported her to all the agency of ihss which stands for in home support services I want her to be held accountable for her actions she is already a gossip which I explained she said her client health condition to me and her name and last name as well.

(1)

Caregiver and HIPPA: Should I report this caregiver for their violations?

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