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Is the following a HIPPA violation? I receive medicines from Medco mail order pharmacy, I received and opened correspondence from them with a medication guide for the medicine I take however after reading it realized that the last name was mine with my address however the first name was not. My concern now is if the person's name that was on the correspondence that came to my house received mine. Please help.
Optional Information: State/Country relating to Question: Tennessee
Hello,Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.Technically speaking, this is a HIPAA violation under 45 C.F.R. 164.501 et seq., if you can show that your information went to the other person's address and they opened it.If so, you may sue them indeed. However, an accidental violation that has little consequence (as a result of them seeing your information it is unlikely that you will be fired, etc) you are looking at only $100 per violation, so it is almost not worth the case.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.If you feel that I went an extra step to help, a bonus is always appreciated! While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good – please – do not shoot the messenger).You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
So I would have to prove that the other person received and reviewed my information? Which HIPPA violations are valued at 250,00.00? I use to work in medical profession and we were informed that they can cost that. Thanks
Hello,Indeed, you'd have to prove it by a preponderance of the evidence, i.e. 51% or over. As for which violations are valued at $25k, I will refer you to my trusty chart, here:http://www.ama-assn.org/ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-accountability-act/hipaa-violations-enforcement.pageI hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.If you feel that I went an extra step to help, a bonus is always appreciated! While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good – please – do not shoot the messenger).You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.