[mad310]

I work for a psychiatrist, and my previous partner died of AIDS some 5 years ago. My employer knows since I willfully gave him this priviledged information. I know have a new partner that works with a pharmacy with which we conduct business. My boss has told my new partner's employer how my old partner died. Now, my new partner's employer has told all his employees that we both have AIDS. IS THIS ETHICAL FOR DOCTORS TO EXCHANGE THIS INFORMATION, AND IS THERE ANY HIPPA VIOLATION INVOLVED?

[charlotte234s]

I'm guessing it is wrong if they are under hippa, however, I am not sure if pharmacists are part of the whole hippa oath.

[jillianleab]

This is tough, and to be totally honest, I'm not sure if there is a violation of hipaa here.

Certainly your partner's boss telling everyone you and your current partner has AIDS is unethical (not to mention flat out rude), but, unless he was told this information by a doctor of yours, there's no violation. If the rumor isn't true (you didn't say if it was or wasn't, I'm assuming not), then I don't think there is a violation. Regarding your boss telling your partner's boss how your previous partner died - I think that since your boss was not your partner's doctor, there is no violation. Is your current partner's boss a medical professional?

I wish I could give you a concrete answer, but I honestly am not sure about the legality of the situation. Hopefully my response will bump your question so someone who DOES know will see it and give you an answer. In the meantime, please check out the links below for filing a complaint for a hipaa violation; perhaps they will guide you in the right direction.

http://www.hhs.gov/ocr/hipaahowto.pdf
AMA (HIPAA) HIPAA Violations and Enforcement

Good luck to you, and it is such a shame this is happening to you. The people spreading this information have no ethics whatsoever.

[oneguyinohio]

Not sure about the hippa rules, but what about slander if the statements that have been spread are not true?

[mad310]

This is tough, and to be totally honest, I'm not sure if there is a violation of hipaa here.

Certainly your partner's boss telling everyone you and your current partner has AIDS is unethical (not to mention flat out rude), but, unless he was told this information by a doctor of yours, there's no violation. If the rumor isn't true (you didn't say if it was or wasn't, I'm assuming not), then I don't think there is a violation. Regarding your boss telling your partner's boss how your previous partner died - I think that since your boss was not your partner's doctor, there is no violation. Is your current partner's boss a medical professional?

I wish I could give you a concrete answer, but I honestly am not sure about the legality of the situation. Hopefully my response will bump your question so someone who DOES know will see it and give you an answer. In the meantime, please check out the links below for filing a complaint for a hipaa violation; perhaps they will guide you in the right direction.

http://www.hhs.gov/ocr/hipaahowto.pdf
AMA (HIPAA) HIPAA Violations and Enforcement

Good luck to you, and it is such a shame this is happening to you. The people spreading this information have no ethics whatsoever.

Thank you for your response. And while he is not my doctor he is a doctor that i work for used to look up to, not just an employer but someone i trusted. Now my new partner is paying the price with his employer (at no fault of his own--i guess just guilty by association)-- and it just seems wrong. If not legally--just wrong, ethically wrong from those who trust people unconditionally... oh and not to mention the doctor has problems of his own... infidelity.. and drugs sorry i felt un-human and childish... thank you for your realistic and authentic rationale... i will look into your links... love and life.