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Good afternoon Cynthia,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I wanted to let you know that I am working on an answer for you right now. Please give me a few minutes to complete my answer and get it posted to you. Thanks in advance,Doug
Good afternoon Cynthia,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
No, notifications of infectious diseases should not be left on the doorstep or tacked to the door or any other similar delivery system if the information contained in the envelope contains privileged medical information. The failure to secure such information is technically a violation of federal HIPAA laws.
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 if you can show that the information fell into the hands of someone other than you, and you alone. 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.aspxAlso, 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 as 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