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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17187
Experience:  B.A.; M.B.A.; J.D.
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My step son is dealing with a CPS issue involving his child.

Customer Question

My step son is dealing with a CPS issue involving his child. The parents of his deceased wife have been given copies of our home study which includes medical, financial and family background information. CPS gave them this information "by accident" via an e-mail. However this same CPS agency will not give us the other grandparent's home study without a court order. What can we do about this? I want to file a Hippa Violation.
Submitted: 2 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties.

I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

You can file complaint against CPS and CPS with the Office of Consumer Affairs. It is suspicious that this information was allegedly disclosed by accident while at the same CPS is in Court fighting against the release of the other party's home study information. Something smells very fishy there.

Regrettably, eventhough health care information was disclosed without authorization, it is not a HIPAA violation solely because CPS is not a covered entity under HIPAA. Click on the links below for more information on HIPAA:

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

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