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Did the HIV+ person sign any sort of form that would allow the doctor to release this information?
Thanks for the additional information. This is a blatant HIPAA law violation and it has serious consequences. The original HIPAA privacy regulations made it pretty clear that HIPAA did not intend to establish a private cause of action for a HIPAA violation; in other words, you cannot sue this doctor for violating your privacy rights under HIPAA. However, you would be able to sue under a common law or statutory right to privacy, breach of confidentiality, or similar legal theory, and can allege that HIPAA is the benchmark for determining whether your rights were violated. This does not mean that the doctor cannot also be punished or even lose his license for the HIPAA violation. It simply means that the only enforcement for a HIPAA violation can come from the US government, particularly the Department of Justice (which we have recently seen will go after non-covered entities as well as covered entities). If you go to the following link it will explain how to file a HIPPA violation complaint http://www.hhs.gov/ocr/privacyhowtofile.pdf You can also use www.martindale.com to find a civil rights attorney in your area to help you sue the doctor. God Bless you and I hope you stay strong and healthy. I also am immuno-compromised so I do happen to know what you're going through.
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