My husband suffers from a condition that causes an imbalance of seratonin in his brain which can cause major depressive episodes. Recently, he had a depressive episode that forced me to involve medical professionals and the police when he attempted suicide. I was told which hospital that he was being taken to, but an hour and a half later and after repeated phone calls, there was no record that he had been admitted at that hospital. I called another local hospital (which he happened to work at) and asked if he had been admitted there as a psychiatric patient. I gave his name and nothing else and was told that he hadn't, but I was referred back to the first hospital. After everything was resolved, he went back to work and EVERYONE knew what had happened thanks to the desk worker who took my call. He had complaints filed against him by employees that no longer "felt secure" around him when he returned because of his condition, regardless of the fact that it was under control. As a result, he was fired. Not only were his HIPAA rights violated, he was wrongfully terminated from his job. Is this a case for legal action? I know that the federal government has stipulated that lawsuits cannot result from HIPAA, but states tend to interpret that differently. Any advice would be welcomed.

There are two separate issues here. First the HIPAA violation. If I understand the situation, the person you spoke to at the hospital where your husband worked when trying to find him supposedly told other people at the hospital that your husband had a psychotic episode. If that is true then you report it to the hospital and they will take action against the clerk. You can threaten to report it to HIPAA. However I would be more concerned about the second issue.

I do think your husband may have been wrongfully terminated. Unless there is some record of his condition affecting his work his condition may not be grounds for termination.

So what I would recommend is contacting an attorney, especially one familiar with the ADA (American Disabilities Act). I thnk that's your best bet, to pursue that angle.

Ok, who released his information, if he was not a patient there, how did they find out about his hospital stay.

Unless you told the girl that answered the phone all the details??

So someone, ( the person where he works) but someone at the hospital he went to, had to give up all of the details, they are the ones that violated HIPPA if they told someone at the other hospital.

Now if the police were called this is public record and that information would not be secure.