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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35374
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I was at my pain mgmt yesterday where I was telling the

Customer Question

I was at my pain mgmt yesterday where I was telling the recepients that I had never missed an appt. Im10 years or failed a urine test. At that point, she announced in front of the entire staff and patients that that was untrue. My last one wasn't. At which point, I said, I know that. I also informed the nurse before I took the test what would be in tnere and why. Did this first nurse break a HippA law? Thank you. If you need more info, my no. Is(###) ###-####
Submitted: 9 months ago.
Category: Legal
Expert:  LawTalk replied 9 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Yes, technically there was a violation of HIPAA. What the nurse should have done was to take you aside and discuss the matter with you in private and not disclose aspects of your medical care in from of other staff and patients.

A HIPAA violation does not give rise to a private cause of action because the federal government, through the US Department of Health and Human Services, enforces HIPAA regulations and deals with violations. However, the same facts which constitute a HIPAA violation can give rise to a meritorious Negligence action and/or Invasion of Privacy action. You can sue for Negligence/Invasion of Privacy based on the dissemination of your private medical information.

You might also file a formal complaint with The Joint Commission, which is responsible for certifying health care facilities for eligibility to receive federal payments of health services. If a hospital or large clinic loses certification, they also lose the ability to be paid for MediCare, MediCaid patient treatment---which can force a facility to have to close down. Here is a link to the Joint Commission’s complaint web page: http://www.jointcommission.org/report_a_complaint.aspx

Also, you may also report the violation to the US Department of Health and Human Services Here is a link to a website that will assist you in filing a complaint with regard to the unauthorized dissemination of your medical records: http://www.dhhs.gov/ocr/privacy/hipaa/complaints/index.html

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 9 months ago.

You posted your phone number. If you would like a phone conversation to discuss this matter further, I will make that offer to you. I would be happy to discuss this with you over the phone.

Doug

Expert:  LawTalk replied 9 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

Customer: replied 9 months ago.
Could I get her fired?
Expert:  LawTalk replied 9 months ago.

Hi,

You asked: Could I get her fired? Well, that is a possibility if you make your complaint known to the office manager or the clinic owner.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

Expert:  LawTalk replied 9 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would benefit from a phone call I already made that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug