[MommyofTwins052]

I recently had a breast reduction and have since recovered shakily. The receptionist that works at my surgeons office has always been sweet to me and, of course, has full access to all of my medical information. Recently, however, she was let go. Days after her release she was at a bar that I used to work at in my early 20's which I still frequent and have many friends that are employed as well as some that are avid regulars. My best friend mentioned my name to someone and she proceeded to divulge my medical information and the prescriptions I was on as well as divulging what a difficult time I had coming off the pain killers. She also embellished this situation and proceeded to tell upwards of 10 people that know me quite well that I am a drug addict!! What can I do?? I feel embarrassed and violated! OH! And two people there were current clients of mine!!

[ScottGem]

This is a hard one because HIPAA generally covers organizations that provide Health care. While its clear that this person violated HIPAA, I'm not sure there is anything you can do about it.

When you report a HIPAA violation, an investigation is done. If a violation is found, the organization responsible is sanctioned and fined. But since this person no longer works for the organization, I'm not sure anything can be done against them. This leaves you with taking action directly against this person. The problem there is I'm not sure she can be held personally responsible.

The only suggestion I can make is to consult an attorney to see what actions you can take. The best I can see is getting a gag order placed on her to prevent her from revelaing any other medical history she was aware of because of her former position. Then if she violates that gag order, she can incur criminal penalties.

[JudyKayTee]

In total agreement with Scott -

[MommyofTwins052]

Yes, I just spoke with the practice and they have, subsequently spoken with their attorney's. They are drawing up formal papers to notify Pamela that she has violated HIPAA law and that the practice, as well as I, are entitled to take legal action against her as an individual. Apparently in 29 years of practice this has never happened to any of my plastic surgeons patients. They informed me that I was within my full rights to take legal action against her as they might well be doing themselves.

[JudyKayTee]

Wow - good that the practice stood behind you. You have to wonder what ELSE she's done/said that no one is aware of - yet.

[ScottGem]

Yes, I just spoke with the practice and they have, subsequently spoken with their attorney's. They are drawing up formal papers to notify Pamela that she has violated HIPAA law and that the practice, as well as I, are entitled to take legal action against her as an individual. Apparently in 29 years of practice this has never happened to any of my plastic surgeons patients. They informed me that I was within my full rights to take legal action against her as they might well be doing themselves.

Hmm that's an alternative I never contemplated. Like I said, its clear that she violated HIPAA law, but I wasn't sure what action you can take against her. I can perfectly understand the practice standing behind you on this. If it became known they hired a blabbermouth, it could cost them patients. And, of course, they do not want a HIPAA action taken against them. I wouldn't be surprised if the practice had their lawyers file suit with both of you as co-plaintiffs (saving you attorney fees).

The only problem here is what action you can take. A medical office receptionist probably doesn't have a lot of money. So even if you get a monetary award, I think you will have a hard time collecting. I still think the most you will get is an apology and a promist that she will keep her mouth shut in the future.