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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35720
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My employer got my medical prescriptions from a clinic that

Customer Question

My employer got my medical prescriptions from a clinic that I went too.is this a hippa violation?
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I had a return to work slip for today and the human resource person contacted the clinic and got my medical prescription from them are wal mart
Submitted: 4 months ago.
Category: Legal
Expert:  LawTalk replied 4 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. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you saying that you employer actually picked up your prescription and has your medication---or that someone told them that you were given a prescription?

2. Did you go to the clinic for a work related injury or illness?

3. Who did HR call and learn of the prescription from---the clinic or Walmart? It isn't clear.

Doug

Customer: replied 4 months ago.
I returned to work with a medical slip after missing one day and my employer called the clinic to verify that I went to the dr. Then somehow got my medical prescriptions from either the clinic or Walmart where I got my prescription filled then asked me to go home for the day and return Monday with another slip to return to work
Expert:  LawTalk replied 4 months ago.

Hi,

Thanks for the additional information.

Yes, if the information came from either the clinic or from Wal-Mart, then there appears to have been a violation of 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. 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. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 4 months ago.

Hi,

Is there anything else I can assist you with today?

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug