Quote from bc808
Hi, I have a question...I was being harassed via email by some former friends and at my wits end, I threatened to publish their medical records on Facebook and tag them (clearly it was an empty threat). Nervous and vindictive, they called the personell department at my job and I was fired although I had no intentions on doing so nor did I ever access their information. I was told that I was terminated because I made the threat, they didn't even look at my computer records to see that i wasn't lying. I also asked if I would have known nothing about the email or what was going on what would have happened and they told me I would have still been terminated. I did not have access to Medical Records, but I found in the meeting that I'd access to claims data. Is this lawful and was this a violation of HIPAA, as they stated?
You cannot be charged with a threat to violate HIPAA.
However, if you are asking if they had a right to fire you, the answer is yes.
If I was your boss, I would have too.
HIPAA is nothing hospitals mess around with and the fines are steep if they have an employee that without authorization, accesses records. If they KNEW in advance that you made a threat and it could be proven they took no action and you did access the records and published them, then the hospital would be liable.
Let it serve as a lesson that you NEVER make threats associated with your job.