Check out some similar questions!

jaxmommy · Aug 10, 2009, 03:13 PM

I am involved with Department of Children and Families in Florida for a false allegation my child's father made. I have a pending domestic violence case against him among other things. DCF has released my personal health information to him in a case plan, stating who my doctor was, who my counsiler was, and my prescribed medication information, including the dosage and amount taken per day. Do I have a case against them for violating my civil rights to have protected PHI?

N0help4u · Aug 10, 2009, 03:49 PM

Yeah it sounds like you have a case but beating DCF in court can be next to impossible. Find a GOOD lawyer not a court appointed one. The court appointed ones seem to take DCF side.

ScottGem · Aug 10, 2009, 04:29 PM

DCF is NOT your medical provider. Therefore, it is unlikely they could be accused of violating HIPAA. The issue here is how they obtained the info. I suspect they obtained it by subpoena and that your ex subpoenaed them for the records.

If that's the situation, then you have no case.

N0help4u · Aug 10, 2009, 04:31 PM

I know they were really big on confidentiality when I had to deal with them.
I suppose the ex could have subpoenaed them but she really should look into it.

jaxmommy · Aug 10, 2009, 06:20 PM

Originally Posted by N0help4u

I know they were really big on confidentiality when I had to deal with them.
I suppose the ex could have subpoenaed them but she really should look into it.

My EX did not suponea them, they handed out the information, which my EX's attorney used in our domestic violence court case against me.

jaxmommy · Aug 10, 2009, 06:21 PM

Originally Posted by ScottGem

DCF is NOT your medical provider. Therefore, it is unlikely they could be accused of violating HIPAA. The issue here is how they obtained the info. I suspect they obtained it by subpoena and that your ex subpoenaed them for the records.

If that's the situation, then you have no case.

My EX did not suponea the information. DCF handed out the information on documents that were released to both of us. My address & employer is already confidential because of security reasons so they had no reason to give out this info. In the CBC Client Guide it says they have to use the minimual amount of info to address what is needed and that any time any of my info is released, I have to sign a release and be given oppurtunity to object. Which I wasn't given...

N0help4u · Aug 10, 2009, 06:22 PM

Yeah I didn't see any reason he would but the only way I can see him being allowed to have them legally. You really should check into your rigjts with a lawyer

ScottGem · Aug 10, 2009, 06:22 PM

How do you know? Have you asked why they gave his lawyer the info?

If they violated their own rules then sue them.

jenniepepsi · Aug 10, 2009, 06:32 PM

Scott correct me if I'm wrong here...

Were you or are you married? I THINK that a spouse may have the right to medical files. But I could be wrong. I just wanted to say something in case it was being over looked. Because you never said if you were or were not married to him

N0help4u · Aug 10, 2009, 06:35 PM

It seems they are separated if not divorced and Children's services have no reason or right to just give him any files on her.
It isn't their place or their business to be doing that.

jaxmommy · Aug 10, 2009, 06:54 PM

Originally Posted by N0help4u

yeah I didn't see any reason he would but the only way I can see him being allowed to have them legally. You really should check into your rigjts with a lawyer

I have a lawyer, but he is a criminal defense lawyer so this isn't his speciality

jaxmommy · Aug 10, 2009, 06:55 PM

Originally Posted by jenniepepsi

scott correct me if im wrong here...

were you or are you married? i THINK that a spouse may have the right to medical files. but i could be wrong. i just wanted to say something in case it was being over looked. because you never said if you were or were not married to him

Was never married. He's just the baby daddy.

jaxmommy · Aug 10, 2009, 06:56 PM

Originally Posted by ScottGem

How do you know? Have you asked why they gave his lawyer the info?

If they violated their own rules then sue them.

Yeah, that was the plan was to sue them for violating not only their own rules, a couple of FL state statues and then this breech of confidentiality..

ScottGem · Aug 10, 2009, 07:59 PM

The OP said it was given as part of a "case plan". I'm not sure what that exactly means. Were both parties given info on the other?

But either way this is NOT a HIPAA violation because DCF is not a medical provider. The OP's physician may have violated HIPAA if the info was given to DCF without permission or court order. But DCF did not violate HIPAA because they are not covered by HIPAA.

Now, if DCF violated their own rules and regulations in providing this info, then they may be held liable.

N0help4u · Aug 10, 2009, 08:03 PM

DCF does have their own confidentiality rules to abide by.
Case plan would not be any of the fathers business what her medical records concern.

Case plan is setting up the requirements they are to comply with such as parenting classes, domestic abuse classes, steps to take with disciplining kids and so forth.

emmykb · Aug 11, 2009, 03:46 PM

Forgive me if I am wrong but I do believe it is a HIPAA violation to re-distribute medical records obtained from physicians/hospitals/etc. So, if DCF re-released protected health information your doctors sent them, you may have a case.

Fr_Chuck · Aug 11, 2009, 03:48 PM

I will assume this is for a court case and all evidence has to be shared with both sides.

N0help4u · Aug 11, 2009, 03:53 PM

BUT is it evidence? Evidence of what?
Wouldn't it have to first be proven that her medical directly effects the custody case?

J_9 · Aug 11, 2009, 03:54 PM

Originally Posted by N0help4u

BUT is it evidence? Evidence of what??
Wouldn't it have to first be proven that her medical directly effects the custody case?

To prove that, medical records are in order.

N0help4u · Aug 11, 2009, 03:55 PM

She is referring to her medical records not the kids