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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I work for an HMO and know for a fact that a pharmacist I work

Customer Question

I work for an HMO and know for a fact that a pharmacist I work for has come across prescription information that is NOT part of my regular medical records while mining for related data through a CURES report (state/federal system that medical providers can get access to in order to see if their patients are getting prescriptions filled from other providers, etc.) I have a medical marajuana license and that shows up on CURES reports. The company I work for, although based in California, has issued a statement that they will not recognize the medical marajuana law because it is not federally approved yet. I know that this pharmacist has shared my CURES data with many others that I work with as an employee of this company. What are my rights here?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  LawTalk replied 10 months ago.

Good afternoon Susan,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

First of all, the pharmacist has violated HIPAA regulations by passing your information on to others. Second, I'm wondering how he came across this information as according to NORML, "The state ID card system has safeguards to protect patient privacy. Patient names and addresses are not kept in the state's data base: the only information retained is a personal photo and ID number...."

http://www.canorml.org/faq.html

A HIPAA violation does not give rise to a private cause of action because the federal government, through the US Department of Health and Human Services, enforces HIPAA violations. However, the same facts which constitute a HIPAA violation can give rise to a meritorious Negligence action and/or Invasion of Privacy action. You can sue for Negligence/Invasion of Privacy based on the dissemination of your private medical information.

You might also file a formal complaint with The Joint Commission, which is responsible for certifying health care facilities for eligibility to receive federal payments of health services. If a hospital or large clinic loses certification, they also lose the ability to be paid for MediCare, MediCaid patient treatment---which can force a facility to have to close down. Here is a link to the Joint Commission’s complaint web page: http://www.jointcommission.org/report_a_complaint.aspx

Also, you may also report the violation to the US Department of Health and Human Services Here is a link to a website that will assist you in filing a complaint with regard to the unauthorized dissemination of your medical records: http://www.dhhs.gov/ocr/privacy/hipaa/complaints/index.html

In terms of your job, you should know that if your CA employer has a zero tolerance policy and they test you---either because it is a random test, or they have reason to believe you are using--- and you are positive, the law presently allows them to terminate you for the positive test. Your remedy would then be to sue the company and the pharmacist and prove that the reason you were tested was based on information gained during a search in violation of HIPAA, and sue for damages under an Invasion of Privacy argument.

If your pharmacist is smart, they will recognize the fact that they stand to be in more trouble than you, and they will keep their mouth shut.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 3 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 10 months ago.
Thank you for your positive rating of my service, Susan. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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