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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113507
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I LIVE IN GALVESTON MY PSYCHIATRIST IS IN CONROE .I AND MY

Customer Question

I LIVE IN GALVESTON MY PSYCHIATRIST IS IN CONROE .I AND MY AUNT SEE HIM EVERY 3 MONTHS. WE HAVE BEEN GETTING OUR PRESCRIPTIONS AT WALGREENS FOR ALMOST THREE YEARS . OUT OF NO WHERE THEY ARE REFUSING TO FILL OUR PRESCRIPTIONS. THEY WHAT OUR DR. TO TALK TO THEM ABOUT OUR MEDICAIL DIAGNOSIS. HE HAS BEEN OUR DR. FOR OVER 20 YEARS . WHAT CAN WE DO? NAME TREASA ISOLA AND DEBRA WADE -***-***-****- OR(###) ###-####NEED TO HAVE HELP WITH OUR HIPPA RIGHTS
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, under HIPAA there is no personal right to action. The Department of Health is the sole entity that can investigate and enforce HIPAA violations.
If Walgreens is refusing to fill a valid prescription from your doctor and is trying to get your doctor to disclose your diagnosis for no valid medical purpose, then you could have a case against walgreens for breach of contract and for breach of the duty of confidentiality and invasion of privacy, which are all Texas common law claims.
It is not a HIPAA right unless the information is disclosed and if the information is improperly disclosed, then you have to file a complaint with the department of health. The HIPAA suit against Walgreens was for a pharmacist improperly accessing patient records. If that is what happened to you then file the complaint with the Department of Health and your suit would be in state court for breach of the duty of confidentiality and invasion of privacy as I said above and a consumer protection attorney locally could represent you in the suit as you could most likely recover attorney's fees as well.