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    76 trombones's Avatar
    76 trombones Posts: 1, Reputation: 1
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    #1

    Jul 13, 2008, 06:05 PM
    Hipaa law violation
    This has to do with a divorce case: wife and husband had to complete drug tests in regards to child custody and parenting time. Wife tested negative and husband tested positive. Wife proceeded to email drug test results of husband to business belonging to Husband's father... including his employees. She did this maliciously and she did this twice. She did this from the computer she uses at the place where she works. Is this illegal... this distribution of personal private information? Can the company she works for be sued... or she?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 13, 2008, 06:22 PM
    First there is no HIPAA violation here unless the violation occurred in how the wife got the info in the first place. That's the missing piece here.

    That the wife distributed the information was malicious. It may have violated the terms of the divorce case. The judge may not be too happy about it. But I don't know if any laws were broken without knowing how she got the info.

    No you can't sue her company. And I doubt if you have grounds to sue her.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 13, 2008, 07:44 PM
    1. This is not Hippa, unless she worked at the test place and got his results illegally.

    2. How and why she got his results unless it was given to her as part of the divorce.

    3. Since it is true I will assume she has some protection there.

    It may as noted be a violation of the rules of the divorce court.
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