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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I was in the hospital a few days ago. I did not want any

Customer Question

I was in the hospital a few days ago. I did not want any contact from anyone, nor did I want anyone knowing I was in the hospital. The nurse on duty the night in question let an unknown man through to talk to me. I know now who the man was, but is this a hippa violation?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

That very much depends. Was this someone who was your POA or guardian? Was this someone in authority such as a police officer or agent? Who was this person in relation to you?

Customer: replied 1 year ago.
No relation, no police officer, poa, or guardian
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Did you inform the hospital that you wish for them to deny access to others who may wish to come see you?

Customer: replied 1 year ago.
Expert:  Dimitry K., Esq. replied 1 year ago.

Then yes, this would be a potential privacy violation. HIPAA generally protects patient confidentiality, and likewise extends access to those that you may designate. If you directly and formally informed the facility that you wanted no visitors and no contact, and contact was provided, it would be a violation of law.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Who do I need to contact for help with this situation?
Customer: replied 1 year ago.
I am in the Jonesboro, Arkansas area.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Pursuing a HIPAA violation can only be done via filing a grievance. Here is the link where you can file, as there is no private cause of action (in other words you cannot personally sue them for damages). This has to be done via the Dept of Health and Human Services website:

http://www.hhs.gov/ocr/privacy/hipaa/complaints/

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Thank you
Expert:  Dimitry K., Esq. replied 1 year ago.

You are most welcome, truly, and good luck to you! Please let me know if I can ever assist you again. Otherwise, if satisfied, kindly do not forget to positively rate. Thank you!

Sincerely,

Dimitry, Esq.