Illinois Nurse’s Lawsuit Alleges Health Department Asked Her to Violate Privacy Laws

A Breese nurse has filed a lawsuit against Clinton County Health Department, alleging that she was fired in April for refusing to give law-enforcement agencies the names and addresses of people with COVID-19. Diane Kuhl argues that it would have been illegal for her to take such action under federal and state laws that protect patient privacy and that she could have faced disciplinary action, including the loss of her nursing license. “It’s a pretty simple issue,” said her attorney, Carl R. Draper, of the Feldman Wasser law firm in Springfield. “It’s really about the public being able to have confidence that their private information won’t be shared. There’s a serious concern that people won’t go get tested (for the coronavirus) if they’re going to be stigmatized.” Kuhl worked several years as a part-time nurse for the health department, Draper said. The lawsuit, filed Thursday in Clinton County Circuit Court, holds that Kuhl is protected from retaliation under the state’s Whistleblower Act for refusing to violate the Illinois Medical Patient Rights Act and Nurse Practice Act and the federal Health Insurance Portability and Accountability Act (HIPAA).

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