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Recently i was hospitalized, blood work and other test were performed, the doctor offered nothing deffinative about my condition and sent me home. A few days later, a friend of my brother-in-law's had told his girlfriend about my lab results, insinuating there could be something wrong with my health. This friend is an employee at this hospitals lab. People that had no idea that I even went to the hospital begins calling wanting to know what is wrong with my specific organ of complaint. I am furious because I feel this was none of their business unless I elected to share it with them. What if anything can I do about this?

2007-03-29 13:43:02 · 10 answers · asked by Violated 1 in Politics & Government Law & Ethics

10 answers

If you report this to the hospital's compliance officer, the hospital employee WILL be fired. Especially if you bring up the possibility of a lawsuit.

That said, HIPAA is one of the stupidest pieces of legislative fecal material ever shat out of the bowels of congress. No, your medical records should not be made public without your permission, but it's hardly a crime worthy of a Federal case.

2007-03-29 13:48:20 · answer #1 · answered by Anonymous · 0 0

Sadly, HIPPA laws are still in their infancy stage and very hard for violations to be enforced.

Although it is a clear violation of HIPPA Laws, it would be difficult to impossible to collect anything unless you can prove actual damages (say you were HIV positive and lost your job or your husband) as a result of the information having been disclosed.

Sadly, most employees of many organizations have not been properly educated on HIPPA and violate the terms every day, which is why justice has been turning a blind eye to the matter, even when there is undisputed, substantiated proof.

If you want the situation to not occur in the future, the best thing to do would be to issue your complaints to the administrative heads to all parties involved that violated your rights so they will be fully educated on HIPPA and not to make the same mistake again. The companies themselves will be concerned with lawsuits and issue write-ups and warnings on the employees records to cover themselves in the event the same situation would occur in the future.

2007-03-29 18:01:42 · answer #2 · answered by bottleblondemama 7 · 0 0

Yes that is a definate violation...

"...The DHHS Office of Civil Rights (OCR) enforces the privacy standards, while the Centers for Medicare & Medicaid (CMS) enforces both the transaction and code set standards and the security standards (65 FR 18895). Enforcement of the civil monetary provisions has not yet been tasked to an agency..."

2007-03-29 13:49:46 · answer #3 · answered by ☺☻☺☻☺☻ 6 · 1 0

You need to contact the hospital and maybe a lawyer. The friend is in TOTAL violation of HIPAA regulations HIPAA is federaly regulated so the tech talking could be considered a federal offense I work in a hospital and we are in-serviced in HIPAA regulations ALL the time.

2007-03-29 13:50:18 · answer #4 · answered by Kat412 3 · 0 0

Call the hospital and ask to speak to a Compliance Officer or someone that has to do with Compliance. The employee is going to get in serious trouble, but they did violate your privacy and Hipaa compliance.

2007-03-29 13:47:51 · answer #5 · answered by Anonymous · 1 0

get a lawyer and go to the hospital about it and threaten to file charges against everyone involved. It is worth doing you really need to do it so it dose no happen to any one else

2007-03-29 13:50:28 · answer #6 · answered by Coconuts 5 · 0 0

Who is calling and asking you the questions? Medical workers can discuss your info with other medical workers if it is for a legitimate purpose, but if it is a matter of friends and family discussing it with each other, I don't have an answer for you.

2007-03-29 14:23:41 · answer #7 · answered by Lancaid 3 · 0 0

start reporting to the higher ups about information leaks on patient confidentiality then if that doesn't work become a postman for twenty years and gun down everyone on your last day. (could be fun)

2007-03-29 13:47:29 · answer #8 · answered by robert h 2 · 0 0

Are you a hippie?
Oh sorry, wrong law.

Yep, sounds like you have a case, get a nice mean ambulance chaser on it.

2007-03-29 13:47:54 · answer #9 · answered by Anonymous · 0 0

Contact an attorney and ask what your rights are.

2007-03-29 13:46:30 · answer #10 · answered by Anonymous · 0 1

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