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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26826
Experience:  Began practicing law in 1992
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Did my job violate my HIPAA rights? Do I have a case?

Resolved Question:

Hello,

I work at a doctors office. One of our benefits is that we get 75% services. I took a day off at work to get services done by a physician in my office. I was told by 3 seperate individuals that they heard by direct supervisor on the phone with her supervisor complaining that I took a day off of work to get juverderm fillers. This was private information that should have not been publicized. When I was told about the incident, I spoke to my office manager. She apologized on my supervisors behalf, and the co-founder of the physician that treated me apologized. However, my supervisor never had the decency to apologize. Now, I have the whole office gossiping about the fact that I was going to get juvederm. Because of her, I am humiliated, and want to leave this position. That was a clear violation of HIPAA ony supervisor's part. How do I go about this?

Thank you
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Your question is "How do I go about this?"

JD 1992 :

Go about what?

Customer: My rights were violated. I want to take legal action against the company. Do I have a case?
JD 1992 :

Sorry for the delay, I am back now.

JD 1992 :

There is no private cause of action for a HIPAA violation.

Customer: Alright I'm here
JD 1992 :

You can certainly file a complaint with the state licensing agency and you can file a complaint with the Attorney General for your state and they can decide to pursue it.

JD 1992 :

But the courts have consistently ruled that HIPAA does not allow a person to bring a civil lawsuit for a disclosure.

Customer: I would certainly like my company to know that what they did was illegal. This employee continues to violate hipaa laws, and because she is personal friends with the CEO she feels she is above the law. What should be my next step?
JD 1992 :

You would want to file a complaint with the state licensing agency. They look harshly on HIPAA violations.

JD 1992 :

You can do that through this website: http://www.attorneygeneral.gov/complaints.aspx?id=458

Customer: Alright, thank you for your time and advice.
JD 1992 :

You're very welcome. Also, it is pretty common for people to think of things later they wanted to ask us. Once you issue your Positive Rating the question will lock open and no longer time out so if you think of a follow up later you can then come back to it.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

JD 1992 :

I am going to exit now to assist others.

Customer: Alright, thank you!
JD 1992 :

You're welcome!

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26826
Experience: Began practicing law in 1992
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