Can we sanction an employee who discloses protected health information as a whistleblower?
HIPAA Weekly Advisor, November 29, 2004
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The rules state that a covered entity cannot sanction workforce members or business associates for whistleblowing provided the disclosure was made in "good faith" that the covered entity engaged in unlawful conduct or behavior that violates professional or clinical standards.
The rules also prohibit intimidation, threats, coercion, discrimination, or retaliation against any whistleblower acting in good faith.
Attorneys from Bricker and Eckler answered this question. Go to Section 164.502(j), Disclosures by Whistleblowers and Workforce Member Crime Victims, and Section 164.530(g), Refraining from Intimidating or Retaliatory Acts, for more information.
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