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Does a healthcare provider have the right to sue a previous emplyee for breach of confidentiality and Hippa for not turning over a patient's medicals?

The health provider is in Louisiana.

Expert Answers

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Absolutely yes!! But if you are describing a scenario in which a former health-care employee allegedly stole a set of medical records, that could be a criminal charge filed by the State against the former employee. Medical records are almost sacred legal documents and they can not be altered, stolen, or diverted for any reason. Health-care facilities have very strict rules in the safe keeping of all medical documentation. A major concern is patient confidentiality. HIPPA is also concerned with the confidentiality and integrity of medical records and in this instance that agency--HIPPA could pursue the ex-employee and contact local law enforcement agencies to compel the return of the alleged stolen documents.

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