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Questions about HIPAA Laws

What is the definition of HIPPA

Health Insurance Portability Accountability Act (HIPPA) is an act that keeps all health information about a patient safe and private from other people. It is against this act to divulge, share or copy any health information against the patients will.

What can someone do if a doctor released medical information to a relative without permission

The first step would be to report the doctor to HIPPA within 180 days of the incident. If you think you may have a private suit against the doctor in question, you could bring your questions to the Personal Injury Lawyers on JustAnswer. They can assess the details of your case and help you determine whether you need to consult with an attorney who works with health care and see if there is a possibility for a private suit against the doctor.

If someone has recently been fired due to HIPPA violation, are they able to request to see the incident report that was written?

In most cases the incident report and other personal records belong to the employer, and they can refuse to allow anyone to see the incident report. On the other hand in some states they allow a limited time to request to have a copy of an incident report that was written. To determine what the provisions of the law are in your state, you can ask a Personal Injury Lawyer on JustAnswer for Expert legal insight.

In the state of Florida if someone was fired for HIPPA violation, and it turned out it wasn’t a violation would that be considered wrongful termination?

In the state of Florida, an employer has the right to terminate an employee for any reason, and without notice. As such, it may be difficult to establish a case of wrongful termination in such circumstances.

Does HIPPA only cover medical information?

HIPPA only protects a patient's rights to confidentiality of medical information. It keeps doctors, nurses, and hospitals from releasing any information containing a person’s health. Individuals that do not work in the medical field are not covered under the HIPPA law. In many medical facilities, a release has to be filled out to determine who if anyone can have access to a patient’s medical information. If this form does not specify who has the authorization for the information to be released, then there is no one that can be privy to the medical information except the patient.

The law recognizes a person's right to confidentiality about medical and health issues. HIPAA laws were put into place to protect this right of patients. However, most individuals do not fully understand the scope of the law and the extent to which it protects their rights. When violations occur, even the differences in state laws can further raise questions. The only way to safeguard your legal rights is to be well informed about them. If you are unsure of your rights as a patient or if you need clarifications about HIPAA laws, ask a Personal Injury Lawyer on JustAnswer for Expert legal insights.

Ask a Personal Injury Lawyer

Infolawyer
Infolawyer, Attorney
Category: General
Satisfied Customers: 959
Experience:  Licensed attorney helping individuals and businesses.
11313492
Type Your Personal Injury Law Question Here...
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7 Personal Injury Lawyers are Online Now

How JustAnswer Works:

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Personal Injury Lawyers are online & ready to help you now

Infolawyer
Attorney
Satisfied Customers: 935
Licensed attorney helping individuals and businesses.
Ely
Counselor at Law
Satisfied Customers: 551
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Dimitry K., Esq.
Attorney
Satisfied Customers: 417
I provide basic personal injury advice to my clients in my own practice.

Recent HIPAA Questions

  • I was a patient at a medical practice last year. I had a routine

    I was a patient at a medical practice last year. I had a routine gynecological exam that included a Pap smear. I recently requested a chart access report to see who had been accessing my files and I noticed that this nurse went into my file that same evening and began adding and deleting things to the file, which no other Dr. had ever done before. She deleted medical conditions from my chart such as Insomnia and ADHD, and they were never added back. She also never processed my Pap Smear labs, which is why I suppose I never received the results. I checked my labwork on the practice's portal and it states that my last test was done in 2012, which should have been updated to 2013. I left the practice in November 2013 because my estranged husband started working there and was accessing my chart. Since then, my still estranged husband and this nurse (who is also married with a child), have been having an affair. I saw that she accessed my file at 10:30pm this August, even though I haven't been a patient since last year. After that, she accessed my file the day after I sent her a message asking her to please stop their affair until our divorce was over. A month later, when I found out they were still having the affair, I called my husband and asked him about it. He immediately contacted this nurse and within the hour she looked at my EMDS file again.
    I'm not sure if they were fooling around when the first issue occurred with my tests not being processed and she was changing my reported conditions.
    Is this acceptable for a nurse to do? What recourse do I have about my tests and the altering of my file?
    I had to redo my HIPPA form last year and specifically put that "no one" should access my file after my husband was proven to have gotten in them. Since I haven't been to the practice, and there is no reason for her to be in my file, I started a claim with the DHHS, but is there anything else I can do?
  • Hi - it seems a tree limb from my yard fell onto a car parked

    Hi - it seems a tree limb from my yard fell onto a car parked in the doctor's office parking lot behind my property. I am a patient for this doctor and have been contacted by the husband of the car owner (who works at the doctor's office). They have called my cell phone and work number and left messages for me. The only way they could have gotten my work number is ***** my patient records. Was this illegal for the employee at the doctor's office to obtain and use my patient information for a non-doctor related purpose?
  • I have a question about pain management treatment

    I have a question about pain management treatment.  I am in treatment for car accident about 2 years ago.  I get random drug tests when I go for my visits and have never had any problems.    On the last visit my dr. said that I had a trace amount of methadone on my test results.  I take oxycodone and tramadol.  I do not take methadone.  I was confused and told him that I do not take methadone, which he knows.  He said that I was exposed to it somehow.  I asked about false positives and he said no, not possible.  He said it is not good because of my job.  I went and purchased a drug test immediately after that appointment and the methadone was negative.  I am saving this and taking it to him on my next visit.  He did not discharge me and gave me my scripts as usual.  He did not really seem concerned about it.  I am very concerned about it.  My question is, can he report my results to my employer or is that protected under privacy laws.  I believe there was some kind of contamination at the lab or a false positive.  I did some research and there indeed can be false positives with methadone with other OTC meds.  My dr. said he would have the test run again.  I am concerned because of his remark about my job.  This is really stressing me.  I do not appreciate the remark about the possibility of losing my job.  No lab is 100% error free.  Please advise.  Thank you.

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