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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12513
Experience:  Significant experience in all areas of employment law.
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I use to work at this home health care and I quit about 6

Customer Question

I use to work at this home health care and I quit about 6 months ago. Today, I checked my email and all the clients medical information was sent to me. The medication they are taking/dose, the clients full name and the address to there house. What can I do about this? I know it's against hippa regulations. Patients privacy
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. Your remedy here is to report the HIPAA violation to the Department of Health and Human Services, which you can do here. DHHS will investigate and penalize your former employer appropriately for the violation. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
Customer: replied 1 year ago.
Can I sue them for patient neglect?
Expert:  Patrick, Esq. replied 1 year ago.
Thank you for your reply. No, you would have no claim as you are not the victim of the disclosure here, the patients are. Moreover, HIPAA does not provide for a private cause of action, meaning that even if it was your personal HIPAA rights that were violated you could not sue to recover financial compensation. HIPAa does not allow for that. The extent of your remedies here is to report the violation and let DHHS deal with it accordingly. You would not have any personal remedies or any personal basis for a lawsuit against your former employer based on what you have described. I hope this clarifies. Again, please feel free to let me know if you have any further concerns.
Expert:  Patrick, Esq. replied 1 year ago.
Was there anything else I can assist you with?
Expert:  Patrick, Esq. replied 1 year ago.
Hello again, I am just following up because I have not heard back from you and this question is still open. Were you able to view my response to your followup question? Please let me know if there is anything else I can do....

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