By Lawrence P. Schaefer
September 25, 2014
Schaefer Halleen often represents physicians, therapists/counsellors and administrators or executives in the medical and mental health fields. As a result, we have developed a deep expertise in unique retaliation issues which can often arise in these industries and affect these employees. This blog describes two such recurring issues. View our results helping mental health and medical professionals.
First, the Health Insurance Portability and Accountability Act (HIPAA) is a sweeping federal law protecting, among other things, personal medical information. Alleged HIPAA violations can often be the springboard for employment investigations and sometimes threatened adverse action against our clients (for being the subject of this investigation). In a similar vein, reporting actual or threatened violations of the privacy required under this law can sometimes provoke a retaliatory response. Familiarity with this law, the authority interpreting it, and the regulatory guidance provided by the U.S. Department of Health and Human Services is essential for effectively advocating for our clients when these kinds of issues arise. While HIP the Health insurance Portability and Accountability Act (HIPAA) is a sweeping federal law protecting, among other things, personal medical information. Alleged HIPAA violations can often be the springboard for employment investigations and sometimes threatened adverse action against our clients, and, in a similar vein, reporting actual or threatened violations of the privacy required under this law can sometimes provoke a retaliatory response. Familiarity with this law, the authority interpreting it, and the regulatory guidance provided by the U.S. Department of Health and Human Services is essential for effectively advocating for our clients when these kinds of issues arise.
Second, while HIPAA doesn’t have a specific anti-retaliation provision, violations of its provisions, and the participation in investigations of these violations, can implicate many other statutory laws, such as the recently amended Minnesota Whistleblower Protection Act (MWPA), at Minn. Stat. §181.932. The MWPA has numerous provisions directly applicable to the medical and mental health fields, and can provide robust, tort-like damages to our clients when their rights under this statute may have been violated. Our experience, and well-known track record in prosecuting such claims, often leads to very favorable early settlement resolutions for our clients.
The MWPA makes it illegal for an employer to retaliate against any employee who reports, in good faith, an actual or suspected violation of law. If further protects employees who participate in an investigation, hearing or inquiry conducted by a public body. It also protects employees who refuse an employer’s order to violate any state or federal law. Each of these substantive protections can be implicated by an alleged or threatened HIPAA violation or an investigation regarding such a violation.
Furthermore, the MWPA specifically protects any employee who “reports a situation in which the quality of health care services provided by a health care facility, organization, or health care provider violates a standard established by federal or state law or a professionally recognized national clinic or ethical standard and potentially places the public at risk of harm.” Minn. Stat. §181.932, subd. 1(d). This protection can implicate a myriad number of reports in the medical and mental health industries. If you find yourself in a situation even arguably addressed by this statutory protection, call Schaefer Halleen. Our attorneys can not only effectively advise you through these issues, but, if necessary, initiate litigation intended to fully protect your workplace rights.
Over the course of his twenty-five year career, Larry has taken on some of the largest and most powerful companies in the country, helping tens of thousands of people recover damages suffered as a result of illegal corporate conduct. Larry has a strong focus delivering services to physicians and mental health professionals, having represented hundreds of clients in mental health and medical services. He chose this field of practice to give a voice to victims of workplace misconduct and tirelessly pursues claims for his clients to recover full damages as a result of illegal conduct.
Interested in the Minnesota Whitstleblower Act? Read Minnesota Whistleblower Act Amendments.
