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New Member
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Mar 31, 2012, 03:02 PM
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HIPAA statue of limitations
Is there a statue of limitations on how far I can go back? 4 years ago I was discriminated against at work due to my Hep C and continue to suffer working in a hostile work environment ongoing.
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Expert
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Mar 31, 2012, 03:08 PM
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First you have to decide if there was a violation to start with. Do you work for a medical firm, hospital ?
Next how did your illness come to light? There are many legit ways for a company to have and get your medical info?
How were you discriminated against, and next not sure that while it is wrong morally, it may not be illegal to be discriminated against for some things. For example, unless you are discriminated for a protected class of people, or unless you illness is a actual disability.
Much more info is needed to determine if there is even a case for something
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Expert
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Mar 31, 2012, 03:09 PM
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So you want to sue a health care provider for disclosing protected information? I don't know that there is a private right of action for violating the federal regulations which implement HPAA, but if so, I suppose you would have to dig into that statute and regulations to see what the SOL might be.
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New Member
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Mar 31, 2012, 03:09 PM
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I am currently employed by safeway have been working there for eight years 4 years ago they found out I had Hep c and HR contacted me told me people at work were not comfortable working with me and transferred me to another store I have since experienced a lot of hostility from co-workers as well as the boss himself the unioun will not step in and do there part so I filed a charge through the NLRB against the unioun I have suffered a cut in hours unfair treatment and overall a hostile work environment I would like to know is there a statue of limitations on how far back they can take this/
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Expert
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Mar 31, 2012, 03:11 PM
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So this is not about HPAA after all?
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Expert
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Mar 31, 2012, 03:22 PM
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This is not HIPAA unless your doctor gave them the information without your permission.
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Expert
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Mar 31, 2012, 03:32 PM
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There is no Hipaa violation in these cases it appears. How did Safeway find out. You may or may not have a discrimination law suit.
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Expert
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Mar 31, 2012, 03:36 PM
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If the OPs doctor volunteered this information to Safeway without the express and written permission of the OP, then there is indeed a violation.
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