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    mindhntr's Avatar
    mindhntr Posts: 1, Reputation: 1
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    #1

    Aug 20, 2007, 08:02 PM
    Hipaa law
    I have a 2 part question regarding Hipaa law. First, let me give you the necessary background information. My husband and I are separated (not legally) and we reside in California. We are both in law enforcement, my husband being a supervisor and me being line staff. My husband is in charge of dealing with employees regarding work related injuries.

    I have a back injury and have been dealing with chronic pain, which has lead to depression. My husband moved out for that reason. I went to work to pick up my paycheck and found my husband's door closed. I had wanted to talk with him, so I listened at the door to see if he was in fact in his office or not (you can't see the lights under the door). I overheard my husband talking about my depression, the medications I was taking, etc.

    First, is this a violation of Hipaa law, and second, who can I report this to, as he has apparently been discussing my depression and medications with quite a few people?
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #2

    Aug 20, 2007, 09:23 PM
    It's not a HIPAA violation. Your ex is not a healthcare provider, and can tell people whatever he wants about you. Since he's apparently telling the truth, you can't get him for slander, either.

    It's slightly murky, since he does deal with employee-related health matters, but he can probably argue that he is acting on information he acquired as your spouse, and HIPAA just doesn't cover that.

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