[nomi2811]

I have a private medical concern and a family member of mine took it upon themselves to open the original packaging of my prescription, looked at what it was for and told his wife, who spread the information to other family members until it reached my fiancée before I had the chance to discuss it with her. Is this a violation of the hipaa act?

[Curlyben]

No, unless this family member is also medically treating you.

[nomi2811]

Even though it was without my consent or permission? And this family member is a health and safety officer for a billion dollar company and his wife is also in a medically related field and both have signed the oaths for the hipaa act.

[Curlyben]

Are they treating YOU ?
If not then there's no violation of this act, although rather rude to invade your privacy in this manner,

[nomi2811]

Technically yes. The wife in question is my dentist. I know its unrelated to this issue but she is still listed as one my health care providers. And if not a hipaa violation is there any other legal I can take for invasion of privacy or any other related charges. This has caused so much turmoil between my fiancée and I and I am rather upset by the whole situation.

[Curlyben]

Look you clearly have a bee in your bonnet about this, so sue them for breach of privacy and have done.

[nomi2811]

Look you clearly have a bee in your bonnet about this, so sue them for breach of privacy and have done.

I understand but without disclosing full details you can't really see how damaging this has been to my personal family and my future with them. I just wanted to know what legal action I could take in the matter. Thank you for your help

[AK lawyer]

... the hipaa act.

That's like referring to the "Rio Grande River". HIPAA stands for "Health Insurance Portability and Accountability Act". So you don't need to follow "HIPAA" with "Act". It's already said.

In any event, the privacy rules are in regulations implementing the act, not the act itself.

[nomi2811]

OK. I was just wondering if this was a violation of a section of hipaa because it was committed by two "health care" employees and it invaded my privacy. Again, what I'm trying to figure out is what course of legal action should I pursue in the matter?

[AK lawyer]

ok. i was just wondering if this was a violation of a section of hipaa because it was committed by two "health care" employees and it invaded my privacy. again, what im trying to figure out is what course of legal action should i pursue in the matter?

So this family member discovered you had a social disease, spread it around the family, and your fiancé is now saying the wedding's off? Sorry, but I'm afraid this is just one of those things. I don't think it's lawsuit material.

[nomi2811]

That's not the case at all. Its not a contagious illness but it's a personal issue. No one else has it or will have it. It was more gossip with the family than informative conversations. And I had no clue the script was even picked up yet until I heard this. And with the fiancée she's upset because she said I was keeping it a secret, which again wasn't the case at all, my family texted her while she was still away at work and I believed it to be an "in face" kind of discussion (which would've taken place the following evening). But if you don't think I have a case then all right. I guess you've answered my questions.

[AK lawyer]

... and i had no clue the script was even picked up yet until i heard this. ...

Did you give the pharmacist permission to let the family member pick it up?

[nomi2811]

I did not give the pharmicist permission to do anything. I am over 21 yrs of age and therefore completely medically emancipated and my fiancée is my healthcare proxy. No one else.

[AK lawyer]

i did not give the pharmicist permission to do anything. ...

Well that is a fish of a different color.

And it appears to be a HIPAA violation on the part of the pharmacist.