View Full Version : Is this a violation of HIPAA?
shellyocarb
Sep 5, 2014, 01:54 PM
Ok I have a question then for people here. SO if my doctors office lady that takes the blood for our doctors for what ever reason and she decided tpo tell her daughter and son in law something about my husband and his health, isn't that wrong? Is that not a hippa action. She had no right to tell them anything about my husbands health. Please tell me if I am right or wrong. BTW her son in law works with my husband and it is small company of 6 people. It also was confirmed to me personal this lady had told her daughter and son in law about is medical condition.
AK lawyer
Sep 5, 2014, 02:08 PM
You are correct; it appears to be a HIPAA violation. That and a dollar bill might buy you a cup of coffee (In other words, don't think you could sue someone for money; it doesn't work that way).
joypulv
Sep 5, 2014, 02:28 PM
You can file a HIPAA complaint (you need pretty good PROOF), wait a year while they deal with a whole country's worth of others, and then they might sanction the doctor and the staff. A warning, a fine, suspension of license, who knows. It won't help you. If you want, you can file both a HIPAA complaint and/or a complaint with the doctor. Do it in writing, and write it well (type it). If you want to sue, you will need to show some sort of harm and what it's worth, and that's not easy, past just being upset and uncomfortable.
You could pay a lawyer and end up winning less than you pay the lawyer.
Generally it's best to confront the person who did this in the presence of the doctor, or to complain in writing to the doctor. And if that includes finding another doctor, then say so. If that's not possible, then make it clear what you want. Reimburse some expenses? (Do you actually pay for any care?) Don't know what else you could want, except for having that person fired. If that's what you want, then say so. I might, depending on what happened. BUT your husband works with her son in law, and that is a can of worms you need to think about really, really carefully.
Maybe the best thing is a letter with a demand that it never happen again. I would hand it to the doctor and tell the woman what it says, and just be reserved and calm and businesslike. You could say that you are doing everyone a favor by not filing a HIPAA complaint. (Not HIPPA.)
ebaines
Sep 8, 2014, 11:48 AM
Just an FYI - assuming you do lodge a complaint with the doctor about the improper actions of his employee, it is highly likely that the employee will be fired from her job. While as an individual you are unlikely to win any damages in court, the government can impose a civil fine of from $10K to $50K per violation, and if the cause of the violation is not corrected (i.e. the woman remains on the job and does it again) the fine goes up to $50K per violation, minimum. So doctors take these issues very seriously, and the cause will be corrected.
ScottGem
Sep 8, 2014, 01:50 PM
I don't know what the relative positions of your husband and son-in-law are in their company. But if your husband is superior or even equal to the son-in-law, I would have your husband take the son-in-law aside and talk to him. Have him tell the S-I-L that his M-I-L committed a serious breach of the law under HIPAA by telling him and her daughter about his medical condition. That he does not want the M-I-L to lose her job, but if it happens again or he (the S-I-L) tells anyone what the M-I-L told him, then it will be reported to the doctor and appropriate action will be demanded.
Fr_Chuck
Sep 8, 2014, 08:19 PM
It is a violation, and it can be reported. The person, who drew the blood, may be fired from the job. What is it, you want?