Small Town Mayor was setting up appointment for fit for duty physical examination with M.D.'s office.. She disclosed several medical conditions from my medical records that she had in her possession from WA State Labor and Industries. She did not have a signed release authorization from me to disclose any information. Medical personal advise this is a HIPPA violation. ?????Is this a violation, if it is, is this worth reporting and if so, to whom ?????
Country relating to Question: United States
State (if USA): Washington
This was first stop
Hello,If the mayor is some type of medical professional then this would be considered a HIPAA violation as those rules apply to medical professionals and people in the healthcare industry. If the mayor is not some type of medical or healthcare professional, then HIPAA doesn't apply. Someone must be a "covered entity" in order to be bound under HIPAA. A covered entity is a health plan, health care clearinghouse, and any health care provider that conducts certain health care transactions electronically..However, you could have a cause of action for publication of private information. Elements of the Tort include (1) publication, (2) absent any waiver or privilege, (3) of private matters in which the public has no legitimate concern, (4) so as to bring shame or humiliation to a person of ordinary sensibilities.
The Restatement (Second) of Torts, § 652D, at 383 (1977), articulates the tort of public disclosure of private facts by stating that "(o)ne who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public."
You would need to contact a local civil Litigation attorney to discuss the case and what type of damages you could sue for. If this was a willful act, it is likely that Punitive Damages would apply to set an example for this behavior and discourage future similar conduct.
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12 yrs practice, Realtor, Landlord 23+ yrs
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