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    hs4321's Avatar
    hs4321 Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 26, 2009, 08:03 AM
    HIPAA Violation?
    I just received a request from I doctor I have never met asking me to participate in a research study. The doctor does work in the same office as a doctor I have seen in the past but I have not seen that doctor for about two years. The envelope contained the necessary medical records release forms to sign and a questionnaire if I wished to participate. The cover letter also listed my medical condition and naturally the envelope contained my name and address.

    Although this letter did reach me, I could just as easily have moved and not given the doctor a new address or not leave any forwarding address. (Even if someone fills out a forwarding address card with the post office, these eventually expire.) In these cases the new occupant at my old address could easily have opened the letter and know my name and medical condition. Was sending this letter containing my medical information (without my requesting it), a violation of HIPAA? If it wasn’t a violation of HIPAA, is there a way to stop this from happening again?

    Thanks, HS
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Feb 26, 2009, 11:57 AM

    Have you contacted that doctor's office and asked them why they sent you this in the first place and just where did they get your medical information and your name and address? You are assuming that it was due to the other doctor's office. You need to inform that doctor not to do this in the future and to remove your name and address from their data files so as to not receive anything like this again.

    Then once you get the information of where that doctor got your information you can file a complaint against that doctor's office.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Feb 26, 2009, 12:15 PM

    If the hypothetical "new occupant" opened your mail, that's a federal offense.

    There is no HIPAA violation as nothing was released to a 3rd party. You can contact the doctor's office and request that they not mail things to your house regarding your health.

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