How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

Can a CEO of a hospital that is non-profit black list a professional

Resolved Question:

Can a CEO of a hospital that is non-profit black list a professional in the area that he has used very successfully because he made a statement that I feel was a Heppa Violation and I called him on it.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question. I need to know a bit more before I can answer your question.

Was the statement a disclosure of your medical information, or was it a disclosure of someone else's?

What relationship did you have to the CEO (what kind of professional are you)?

Finally, when you say blacklisted, what do you mean exactly? Has the CEO said anything untrue about you?

I look forward to hearing back from you.

-ZDN
Customer: replied 1 year ago.

I am real estate agent. I have listed and sold property for him several times. The hospital where he is the CEO is in the town where I have been an agent for 29 years. 26 of those years I have been the # XXXXX agent in the area and inducted into an International Hall of Fame. Approximately 6 years ago a physician backed out of a verbal offer that I had given the CEO and I stated it will not be valid till he meets me the following morning. The DR came in and said he could not purchase that home because he had to be within 15 minutes of the hospital and the CEO's was 22 minutes out. The home sold to the next person that viewed but he blacklisted me for 3 years then needed me for his own purpose and stated you get me that home and you are back on the hospital list. This list is for showing the new physicians around the area in helping recruit. The recruiters have all raved about my abilities and how I go the extra mile. I have had numerous health problems and the major part of my treatment has been at this hospital..Example, Cancer, open heart, 8 stints since open heart, rental failure from heart cath, 8 other surgeries with 3 neck surgeries in the last 2 1/2 years I keep bouncing back. God is not finished with me yet. The CEO's wife that is 29 years younger than he has been very close to me. I was in the hospital last September with passing out spells and major headaches. I was dismissed and re-admitted. The CEO made a statement to my husband that he thought I was hooked on pain medicine (IV). My husband, a very successful Merrill Lynch Stock Broker, said Fred, she never takes pain pills after she goes home. It is your doctors that hook her up. The CEO has stated many times that our Etna Insurance is outstanding. When my husband told me this, I went crazy, I called the wife and left a message on her phone, that I could not believe that my friend an the CEO of the hospital that I promote so strongly would make a statement to my husband and not to me. was that not a Heppa violation? If a physician had stated that, why had someone not professionally spoken to me about this? Have I mentioned that we are raising two granddaughters because of mother and father that had drug problems. Do you really think I would stoop that low. Also I work at my church with youth and hospital visitation, every opportunity I have plus I am on two active boards in town. But after I made the call I have not received any calls from the hospital since October 2012. I am wondering two things can he do this and it have an affect on my career because of his bull headed ways. He is not well thought of right now and the hospital is under investigation. It is very sad. He built an incredible hospital which became our major employer but so sadly it is being destroyed. As I feel he is trying to do to me. was he in violation and do I have recourse there also. I have never filed a suit in my 56 years want to know my rights. You may look at Kings Daughter Medical Center Ashland Kentucky XXXXX XXXXX CEO for additional information if needed. Thank you

Expert:  TexLaw replied 1 year ago.
Hi,

Let's separate the issues and address them indvidually:

1. Was there a HIPAA violation?

A: Probably not. A medical provider may disclose protected health information to a close family member who is responsible for care of the patient. The CEO's statement to your husband would fall under this exception to the non-disclosure rule.

2. Is there anything you can do about being blacklisted?

If all the CEO did was decide not to refer you as the real estate agent to use for new doctors at the hospital, then this does not trigger any legal claims. However, if the CEO was stating false facts about you to other people to discourage them from using your services, this would trigger a claim for defamation on which you could sue him and recover damages.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


One last question, he is a CEO, how can he have information about me to disclose? He is not a physician.

Expert:  TexLaw replied 1 year ago.
The administration of a hospital is allowed to have access to patient records generally pursuant to release forms that you sign before you are treated by the hospital.

HIPAA also allows administration staff to access medical records if they are in any way assisting with billing or insurance matters related to the medical care provided.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
TexLaw
TexLaw
Attorney
2718 Satisfied Customers
Lead trial/International commercial attorney licensed 11 yrs