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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am the mother of a son with Down Syndrome. In 2006 we erected

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I am the mother of a son with Down Syndrome. In 2006 we erected a solid fence in accordance with the FHA. Our HOA asked for confidential information about our son, we did comply. A few days later I was approached by two different neighbors both telling me they had been contacted by one of the board members, he had shared the information I had disclosed in the meeting (I was horrified he had breached our confidentiality). In 2009, we were contacted by our HOA board's atty, once aagin asking for information about our son's intellectual and physical abilities/diabilities. I will be honest, i did not feel comfortable and I also felt they were overstepping their bounds. My husband did not want any trouble, so we provided the HOA with his complete IEP, his IQ, child psychologist assessment, about 10-12 pages of very personal information. Last may of 2012, I was sent an email from my HOA and the same management company. They have once again asked me to provide them with a medical doctor's assessment of my son and detailed information about his special needs. This time I did not comply. They unlawfully garnished my bank account and a judge issued a motion to disgorge. I do have an attorney now, in regard to the FHA violation, but i would like to know if this is a HIPAA violation as well. Thank You.
Hi,

Thank you for your question. I'm very sorry to hear about your situation. I'm glad to know that you have an attorney to help you on the FHA violations, as there is certainly something not right about this situation.

In regard to your question about HIPPA, unfortunately, there is no violation here that would allow you to make a claim. HIPPA only prohibits a doctors office from making an unauthorized disclosure about private health information. In this case, you made the disclosure voluntarily (albiet under duress from the HOA). The HOA does not owe any duties under HIPPA. In other words, once you have disclosed the private medical information to a third party that is not rendering medical services, they are not under a duty to protect that information from disclosure and may use it as they wish.

I wish I had better news for you, but it does sound like you are on the right track with the FHA claim.

Please let me know if you have any further questions or would like to discuss this matter further.

Best Regards,
ZDN
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