Hello and thank you for allowing me the opportunity to assist you.
If I understand you, the hospital would be accessing its own records. If that is the case, then that is not a violation of HIPAA. It would be a violation of HIPAA to disclose those records to other parties. Accordingly, if the records were shared with the physician for the purpose of marketing, then that would be a violation.
However, you may certainly file a complaint by following the instructions HERE
. The Department of Health and Human Services will investigate and decide whether there was a HIPAA violation. Please note that HIPAA does not create a private right of action. In plain English, this means that a person cannot sue a hospital (or other entity/person) for violating HIPAA. Only the Department of Health and Human Services can take action against the violator.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!
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