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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32573
Experience:  Began practicing law in 1992
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I am a truck driver/contractor. The company that I previously

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I am a truck driver/contractor. The company that I previously had a contract with obtained a printout from a medical facility without my permission. This has nothing to do with drug testing, they were trying to verify my DOT physical. This company did not pay for the physical I did cash. Nor do they pay any health related benefits. Based on the printout given to them which included dates that I was seen by doctors, what I was seen for and how much I paid, my contract was termanated! I was making $93,000 a year when I was let go. Do I have a privacy case for lost wages against the medical provider? Under HIPPA

Dwayne B. :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Dwayne B. :

Unfortunately, no. I think it is clear there was a HIPAA violation and you could certainly file a complaint with the state licensing agency but the courts have ruled that an individual cannot bring a lawsuit for an entity revealing personal medical information when they are not supposed to.

Dwayne B. :

Your only options under HIPAA are to file a complaint with the state licensing agency or to file a complaint with the state Attorney General.

Customer:

What about under right of privacy?

Dwayne B. :

No, all rights of privacy as far as medical records are now covered under the HIPAA rules. There is a possibility that if your medical records have information on some type of disability or something then you could pursue a case for that but not for disclosure of the medical records.

Dwayne B. :

I have seen a new trend lately where lawyers are trying to sue in similar circumstances alleging a breach of contract since you didn't authorize them to release the records and you anticipated they would be private.

Dwayne B. :

I haven't seen any case go up on appeal on that issue but it might work.

Customer:

Okay, thank you for your time.

Dwayne B. :

I'm sorry I didn't have better news. We were all caught by surprise when the courts ruled this way.

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