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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116755
Experience:  20+ Years of Employment Law Experience
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I am a nurse in idaho state. I was recently hospitalized due

Customer Question

i am a nurse in idaho state. I was recently hospitalized due to a stroke. MY drug urine screen was postive for THC-which is possible, also for amphetimine wich a beleive was do to sudafed in cold medicine, after seeing my regular doctor who asked if i had been taking any cold medications. I have now been sent a certified letter from idaho board of nursing about a compaint filed--it does not say by who , although it could only be the hospital. I have been away from work from January 19 until last week.Can my protected health information be shared by them? I have never been under the influence of anything but ibuprofen, prescribed meds, or clariten OTC while on the job. I have an excellent work history, I also had to do a drug screen at my current job 4 years ago, my preivious employer is now a part of the company i currently work for, their private practice was absorbed by the company i currently work for. I tried to call for more information from Board of Nursing, however was only able to leave a message with my numbers. Any information would be appreciated.
Thank you val
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your protected health information should not have been shared by ANYONE without a subpoena for the information. Unless you were tested positive while working, the information from your hospitalization should not have been disclosed. So your next step is filing a complaint with the US Department of Health and Human Services, since they are the only agency with power to investigate HIPAA claims as there is no private right to sue under HIPAA. If they discover who released the information and it was a violation on the release, then you have grounds to sue the facility for breach of their duty of confidentiality of medical records in your state court and seek damages.

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