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My alcohol treatment counselor called my job and left detailed information about urine testing etc and identified the facility on my voice mail. My secretary then picked up the message. What remedies do I have for this violation of the Privacy Act and is there a Statute of Limitations for dealing with this?
Hi and thank you for using JustAnswer!Please clarify: how is it that your secretary accessed your voicemail?
My secretary takes my messages and responds to calls when necessary when I am out of the office.
Thank you. So, she has your permission to access your voicemail, correct?
Yes
Thank you.When Congress passed the HIPAA privacy law, it did not give patients the right to privately sue for any violation. Rather, a person can only file a complaint with the U.S. Department of Health and Human Services (who will then investigate and make any findings, demand corrections, and assess any civil fine).The process for filing a HIPAA complaint with HSS is explained at: http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.htmlIt has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. If you have a follow-up question, please reply and ask it. ----------------------------------------------------------------------If you have other questions on different matters, you can ask me at http://www.justanswer.com/law/expert-jb-umphrey/. Or there are also other Experts ready to assist you in a range of Legal specialties, Veterinary, Cars and others – you can reach them via the www.justanswer.com homepage.----------------------------------------------------------------------
Experience: Explains legal matters based on 14+ years experience.