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Social worker (nursing facility)broke confidentiality I have

Customer Question
not signed anything allowing my...
Social worker (nursing facility)broke confidentiality I have not signed anything allowing my medical info, personal, etc. to be discussed with ANYONE! I am now being approached by staff members (nursing facility) wanting me to sign paperwork ,etc. I am currently a patient this in the facility located in San Francisco, CA. Is there recourse for me ?
Submitted: 1 year ago.Category: California Employment Law
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Answered in 35 minutes by:
3/14/2016
California Employment Lawyer: LawTalk, Attorney replied 1 year ago
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Good afternoon,

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

Based on your statement of the facts, if the nurse is sharing your medical information with others who are not directly involved in your treatment, then there may well be a HIPAA violation here.

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

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Customer reply replied 1 year ago
Not sure that you read my question correctly...it is not a nurse but a social worker that is employed by this nursing facility and now Administrative staff is trying to get me to sign forms besides other persons now approaching me. Do I have recourse? I am so upset emotionally ! I am scheduled for surgery in a few days and I feel like I am being harassed. I do have witnesses to what this social worker said, etc. So can you advise me as to if I should obtain a lawyer? and if so what type? I will await your response. Thank you.
Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
California Employment Lawyer: LawTalk, Attorney replied 1 year ago

Hi,

Yes, I did read your question. HIPAA applies to all health care providers, including a nurse or a social worker working for a nursing facility.

As you have asked for a phone call, I will offer you that Premium Service and I'll process that offer to you after I get this posted to your question thread.

After you accept my offer of the phone call, would you please provide your phone number? After you do that, please send me a quick Reply to let me know that you have posted the number, so I can call you.

Thanks in advance,

Doug

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