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Wrongly Accused of HIPAA Violation

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  • 12-18-2010, 02:56 PM
    Glassam
    Wrongly Accused of HIPAA Violation
    My question involves criminal law for the state of: Michigan

    Yesterday I received a phone call from an organization with whom my employment was terminated 6 months ago. This organization states that my username/password for a computer application were recently used and subsequently there was a breach of private patient information. They said they have determined the breach occurred outside of the organization.

    Obviously, I am suspected of this breach. The organization has told me that in order to "clear my name" I could have their IT people look into my personal computer's hard drive. I don't feel comfortable with this arrangement as it feels like an invasion of my privacy, but am not against having a third party look at my hard drive.

    I am also concerned that my username/password was still active 6 months after I left their employment and wonder if the scope of this problem could be greater than this one occurrence and may be a continued problem for me.

    I am unsure of the scope of this problem and if I should seek legal counsel and would appreciate your opinion of this matter.

    Thanks so much for your help.
  • 12-18-2010, 03:37 PM
    cdwjava
    Re: Wrongly Accused of HIPAA Violation
    They cannot force you to permit an examination of your personal computer. Only you know whether the breach occurred from your computer or one you accessed, and understand that if they look into it hard enough they will find the IP address from which the breach occurred.

    If you are responsible for the breach, I would recommend consulting legal counsel immediately. If not, then you may not need to consult counsel just yet, but, if state or federal investigators, or law enforcement, get involved, you should probably clam up and talk to that lawyer when they come a-knockin'.
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