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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37820
Experience:  Retired (mostly)
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I did a home sleep study and had my assistant that works

Customer Question

I did a home sleep study and had my assistant that works for me drop it off because I had a meeting I couldn't miss. My assistant gave my sleep study kit to the sleep specialist and the specialist said to wait because she needed to make sure she had enough data to score the test. While doing this the specialist states, "Wow, his decibel reading is over 100. I have never had a number this high, he just set a record". My assistant said this was said in a humorous manner. I don't find it funny that the specialist was looking at results that are mine and results that show severe sleep apnea yet she felt the need to joke about this and share my information with someone who has no business getting any details of my results. Do I have a legit case here as I feel this has to be a clear violation of my hippa rights?
Submitted: 5 months ago.
Category: Legal
Expert:  socrateaser replied 5 months ago.
Hello, Unauthorized disclosure of personal health information (PHI) to a third party without patient consent violates HIPAA. There are exceptions for statistical research and/or other physicians, court orders, etc. But, the general rule is to not disclose -- period! See Title 45 C.F.R. 164.500 et seq. You can file a complaint with the U.S. Department of Health and Human Services (DHHS) at this link. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!