DARLENE HADLEY
v.
REEMPLOYMENT ASSISTANCE APPEALS COMMISSION AND NAPLES COMMUNITY HOSPITAL, INC.
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An employee may be denied reemployment assistance benefits when discharged for knowingly accessing patient records without authorization in violation of the employer's HIPAA-compliance confidentiality policy.
[1] An employee discharged for knowingly accessing a patient's confidential medical records without authorization in violation of an employer's HIPAA-compliance confidentiali…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“courts of other jurisdictions have held that unemployment benefits are properly denied based upon work-related misconduct where an employee knowingly accesses a patient's records—without the patient's authorization— in violation of the employer's rules regarding HIPAA compliance”
Court's reasoning supporting affirmance, citing Illinois case law
Hadley was discharged from Naples Community Hospital after admitting she accessed a patient's medical records without authorization, violating the emp…
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requirements and that she had to complete annual training regarding HIPAA compliance. Although there is no Florida case law directly addressing this issue, courts of other jurisdictions have held that unemployment benefits are properly denied based upon work-related misconduct where an employee knowingly accesses a patient’s records—without the patient’s authorization— in violation of the employer’s rules regarding HIPAA compliance. See, e.g., Pesoli v. Dep’t of Emp’t Sec., 983 N.E. 2d 1, 6-8 (Ill. App. Ct. 2012) (affirming the denial of unemployment insurance benefits based upon work-related misconduct where a hospital secretary accessed a patient’s confidential medical records for a non-work related reason knowing that it violated the hospital’s confidentiality policy concerning HIPAA). Because Hadley has failed to show reversible error, we affirm.
AFFIRMED.
B.L. THOMAS, WINOKUR, and JAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.