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Journey2
Nov 24, 2014, 12:00 AM
My divorce is currently pending trial in Ohio as my estranged husband refuses to settle. I have sole custody of our teenage boys and my spouse has not ever indicated any interest in custody. He still covers me on his health insurance. He obtained a detailed list of my prescription medications from the website and has shared that information with his family and the court with a letter describing me in an extremely negative manner based on these medications. Could he be violating my HIPAA rights since he's only using this info for intent to harm my reputation? Is this possible slander ? I just want him warned to stop somehow? Thank you for thoughts on this.

ScottGem
Nov 24, 2014, 04:10 AM
He did not violate HIPAA, however the website where he got the info from may have. It depends on whether he has permission to access your records. HIPAA is about your medical providers releasing info without permission. A health insurers website would come under those protections.

On the other hand, his using this info may be a violation as part of the divorce, you should talk to your attorney about this.

Fr_Chuck
Nov 24, 2014, 05:05 AM
He did not violate any HIPAA, how did he gain access, how did he get passcodes and so on.

But you if in divorce, need to shut him off to information.

joypulv
Nov 24, 2014, 06:32 AM
You don't blame the insurer, so it sounds like you forgot to change access to information. What a spouse does with medical information has nothing to do with HIPAA. Let your divorce lawyer deal with it.

AK lawyer
Nov 24, 2014, 01:24 PM
Could he be violating my HIPAA rights since he's only using this info for intent to harm my reputation? Is this possible slander ?

As others have indicated, it's probably not a HIPAA violation on the part of the website.

No, sharing the information alone would not be slander (or libel), assuming the information he shared is accurately reporting what he found on the website. However " a letter describing [you] in an extremely negative manner based on these medications" could be libel. On the other hand, to give his opinions on this information to the court may well be privileged.

Journey2
Nov 24, 2014, 07:36 PM
Thank you so much for the information. Until we are officially divorced, I am still covered by his insurance so he has full access to the website information. However, based on your Words of wisdom, I will call the insurance company and request that they restrict my personal data from his access. Since he did write a letter casting me in a very negative light based on his assumptions and research into the medication, I will ask my attorney to at least point out to him that it could be slanderous or libel and maybe he'll stop this nonsense and focus on getting the divorce done! Thank you again for all your help as I could not really understand other website information as it would apply to my situation.. I will come looking for you when the next piece of drama unfolds! Keep doing what you do...

ScottGem
Nov 25, 2014, 06:00 AM
Good luck and keep us posted.