Ask Experts Questions for FREE Help !
Ask
    Journey2's Avatar
    Journey2 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Nov 24, 2014, 12:00 AM
    HIPAA Violation?
    My divorce is currently pending trial in Ohio as my estranged husband refuses to settle. I have sole custody of our teenage boys and my spouse has not ever indicated any interest in custody. He still covers me on his health insurance. He obtained a detailed list of my prescription medications from the website and has shared that information with his family and the court with a letter describing me in an extremely negative manner based on these medications. Could he be violating my HIPAA rights since he's only using this info for intent to harm my reputation? Is this possible slander ? I just want him warned to stop somehow? Thank you for thoughts on this.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Nov 24, 2014, 04:10 AM
    He did not violate HIPAA, however the website where he got the info from may have. It depends on whether he has permission to access your records. HIPAA is about your medical providers releasing info without permission. A health insurers website would come under those protections.

    On the other hand, his using this info may be a violation as part of the divorce, you should talk to your attorney about this.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Nov 24, 2014, 05:05 AM
    He did not violate any HIPAA, how did he gain access, how did he get passcodes and so on.

    But you if in divorce, need to shut him off to information.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #4

    Nov 24, 2014, 06:32 AM
    You don't blame the insurer, so it sounds like you forgot to change access to information. What a spouse does with medical information has nothing to do with HIPAA. Let your divorce lawyer deal with it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #5

    Nov 24, 2014, 01:24 PM
    Could he be violating my HIPAA rights since he's only using this info for intent to harm my reputation? Is this possible slander ?
    As others have indicated, it's probably not a HIPAA violation on the part of the website.

    No, sharing the information alone would not be slander (or libel), assuming the information he shared is accurately reporting what he found on the website. However " a letter describing [you] in an extremely negative manner based on these medications" could be libel. On the other hand, to give his opinions on this information to the court may well be privileged.
    Journey2's Avatar
    Journey2 Posts: 2, Reputation: 1
    New Member
    		  
    #6

    Nov 24, 2014, 07:36 PM
    Thank you so much for the information. Until we are officially divorced, I am still covered by his insurance so he has full access to the website information. However, based on your Words of wisdom, I will call the insurance company and request that they restrict my personal data from his access. Since he did write a letter casting me in a very negative light based on his assumptions and research into the medication, I will ask my attorney to at least point out to him that it could be slanderous or libel and maybe he'll stop this nonsense and focus on getting the divorce done! Thank you again for all your help as I could not really understand other website information as it would apply to my situation.. I will come looking for you when the next piece of drama unfolds! Keep doing what you do...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #7

    Nov 25, 2014, 06:00 AM
    Good luck and keep us posted.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Hipaa violation [ 15 Answers ]

If I am working as a certified nursing assistant on a skilled nursing unit and I get into a patients chart to call a patients family member for my own personal gains, is that a hipaa violation and can I be terminated?

Is this a HIPAA Violation? [ 4 Answers ]

A counselor who works in the Mental Health population has been openly taking their psychiatric medications in front of co-workers and clients with mental disorders. Is this a violation? What steps are needed to report this? Should someone address it with upper management or file a complaint?

HIPAA violation [ 1 Answers ]

My husband is out of work due to bilateral fractured ankles he received in a car wreck. He received a call from a co-worker asking when he was coming back to work as he was working on the schedule. My husband told him he would be back when he was cleared by him Dr.. The co-worker told him their...

Hipaa violation [ 3 Answers ]

If someone repeates a rumor they heard about someone's medical condition, is this a hipaa violation? And can the person repeating that rumor be sued for slander?

HIPAA Violation [ 1 Answers ]

I think my HIPAA rights have been violated. I am currently being drug through a ridiculous, and costly custody suit. When my child was born, the father denied her, showed up intoxicated to the hospital, and caused a scene, causing him to be escorted by security. He was banned from coming back to...

View more questions Search