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Hcabreimhcs1
Apr 14, 2012, 01:44 PM
My fiancé's ex girlfriend violated HIPAA by digging into my personal medical records at the hospital she got hired at. She then posted details of my medical history online on Facebook and spread the info to multiple persons through text messages
As well. She was also making death threats and discussed trying to use my medical history against us in the ongoing child custody disagreement that my fiancé has with her. I got copies of all of this and reported her to the hospital and they promptly fired her. I also reported her to HHS OCR and I'm waiting for them to get back to me. I'm mostly now just wondering if this is the kind of situation where the offender would/should get criminal charges? It seems pretty malicious and it was done after the hospital had her go through two forms of HIPAA training so it's not like she didn't know better. Also the part about using it in the custody case... Doesn't that sound like she was trying to use my information for personal gain?

ballengerb1
Apr 14, 2012, 01:59 PM
Yes probably for her gain but what is your question exactly? A HIPAA violation like this one could get a person up to 10 years in prision and/or a $250,000 fine. Did the hospital report this to the feds? If not you can. How To File a Complaint (http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html)

Hcabreimhcs1
Apr 14, 2012, 02:05 PM
I did report it and so did the hospital. I'm waiting to hear back from the federal gvt- HHS OCR is who handles it. I guess I'm just getting impatient and wondering if anyone knows of an actual situation where the violator got the prison time and fines from such a violation.

Fr_Chuck
Apr 14, 2012, 03:07 PM
Also on the death threats, were they reported to the local police