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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
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Experience:  Experienced in multiple areas of the law.
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My medical records were disclosed to people I had

Customer Question

My medical records were disclosed to people I had specifically excluded on a non-disclosure agreement. What's my next step?
Submitted: 6 months ago.
Category: Employment Law
Customer: replied 6 months ago.
File attached is a text from the facility owner
Expert:  RobertJDFL replied 6 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 6 months ago.

If you believe your privacy rights were violated under HIPAA by a medical provider, you may file a complaint with the Office of Civil Rights (OCR). This link will show you were to file a complaint and there is information as to the complaint process.

HIPAA rules and regulations provide civil and criminal penalties for those who violate it, but these are enforced by the department of justice, federal attorney general, and/or state attorney general, not private citizens.

As far as possible civil claims, a patient would need to look at what state law claims are available in the state in which the breach occurred. Possible claims, depending on the state, include negligence claims and violation of physician/patient confidentiality as well as invasion of privacy (public disclosure of private facts), and invasion of privacy (intrusion), if such claims exist in that state. However, any such common law claims most certainly will require damages, which may be hard to show as the damages must be tied to the improper access and disclosure.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Customer: replied 6 months ago.
I live in Texas, have written acknowledgement that my rights were violated as evidenced by the attachment, and wish to pursue. What'd I I do next?
Customer: replied 6 months ago.
what should I do next?
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  RobertJDFL replied 6 months ago.

Under the Texas Medical Records Privacy Act (which is similar to HIPAA), consumers have the right to file a complaint with the state agencies that regulate covered entities as well as with the Texas Attorney General. For a list of those agencies, contact information and detailed information regarding each agency's complaint process, click here.

To file a consumer complaint with the Office of the Texas Attorney General, click here.

If you believe your protected health information has been used or disclosed in violation of HIPAA (and it certainly appears it was), you have the right to complain to the federal Office of Civil Rights which has authority to investigate complaints against HIPAA covered entities and their business associates:

Office for Civil Rights
U.S. Department of Health and Human Services***** S.W.
Room 509F; HHH Bldg.
Washington, D.C. 20201

Region VI - Dallas (Arkansas, Louisiana, New Mexico, Oklahoma, Texas)
Ralph Rouse, Regional Manager
Office for Civil Rights
U.S. Department of Health and Human Services***** Suite 1169
Dallas, TX 75202
Voice Phone(###) ###-####br />
If you want to pursue damages civilly such as for invasion of privacy (public disclosure of private facts) -and believe you can establish damages as a result, then you would want to speak with a local attorney about bringing suit against the facility.

Customer: replied 6 months ago.
Can I pay you to pursue this for me?
Expert:  RobertJDFL replied 6 months ago.

No, we are not permitted to represent customers on this site. We provide legal information.

You may wish to contact the Texas Bar Association Lawyer Referral Service which can help you find a lawyer in your area.