Back in 2009 my mother in law accessed my medical records ( she was employed there at that time) she wanted to get information that was confidential and she did. She and her Husband used that information in the divorce. It was a child custody case in the state of Nevada and because she accessed and used the information I lost my case. I have reported her to the hospital she worked at and the only limited her access. They mailed me documentation on every date of disclosed information. Is this a hippa violation? and if so what can I so about it?
Country relating to Question: United StatesState (if USA): NevadaWhat have you tried so far?: I contacted the hospital and they sent a letter admitting the violation. I then contacted the compliance officer at the Carson Tahoe Regional Healthcare.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.Also, it is VERY important that you rate my service once we have thoroughly addressed your question.Yes, this would be a HIPAA violation. There is only one thing to do. You can report it to the Department of Health and Human Services. They can investigate and issue a fine. That can be done herehttp://www.hhs.gov/ocr/privacy/hipaa/complaints/index.htmlUnfortunately, you may have also had a lawsuit for invasion of privacy and negligence; however, the Statute of Limitations has run on both possibilities. All that can be done at this point is report the HIPAA violation.Please click 'Reply To Expert' unless you consider this dialog complete and you are 100% satisfied with my service (not the website or the situation). Our ratings are very important to us so I ask that when we are done, before you leave be sure to rate my service.Thanks.Nate
So I can file a HIPPA violation?
There isn't a statue of limitations on that?
And on that lawsuit for invasion of privacy the hospital told me that I couldn't pursue that. The last contact I had with them was in 2010.
Even though I lost my ability to have full custody of my child there is nothing to do?
I live in Missouri and my son is in Nevada and all this happened there NV, can I contact an attorney there or should I get one her to represent me on this case.
I'm not surprised the hospital told you that. They didn't want you to sue them. HIPAA violations are subject to DHS getting a fine. You don't benefit from it and likely won't be contacted again after filing the complaint. There's no need for an attorney.The statute of limitations has run on everything you could have done. There simply is nothing else to do. At the time of your hearing, your lawyer should have moved that the medical records be excluded from consideration due to the way they were obtained. I'm sorry. It's just been too long since this happened to do anything. Sometimes that happens.
I want you to be satisfied with your service; however, I cannot make the law. I can only relay to you what it is. If I do otherwise, I would be doing you a disservice and wasting your time. That would be unfortunate and as a trained professional I simply cannot do that.My rating is very important to me. Please consider the above when deciding on your final rating.Thanks!Nate
it isn't about that
In that case, please let me know what else you would like to know regarding your situation. I have a decade of legal experience and would like to be able to help as much as the law allows.Nate
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