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I am trying to find an attorney to help me with a HIPAA law…

Customer Question
Hi, I am trying...

Hi, I am trying to find an attorney to help me with a HIPAA law violation My Doctor sent my full medical records to my employer

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

My HR department advised me of the incident. I was supposed to be released back to work from medical leave. They gave me 60 days to find a position. I applied for several that I was qualified for, but didn't get any calls back for any of the positions. I have had a hard time finding an attorney that handles this

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's it

Submitted: 1 month ago.Category: Employment Law
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Answered in 5 minutes by:
3/22/2018
Employment Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,258
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 1 month ago

I’m sorry to hear about your situation. To understand whether there was a violation by your doctor, it's important to understand the rules. The Health Insurance Portability and Accountability Act includes a Privacy Rule and is the law that protects people from having their private health care information disclosed without their consent. The Privacy Rule essentially says that “covered entities” (clinics, doctors, dentists, etc.) that are in possession of any health-related information (e.g. tests, medications, diagnosis, etc.) that personally identifies a person (e.g. has their name, address, and SSN, for example) is required to maintain the privacy of that information.

The only exceptions are if the patient authorizes the release of that information, the covered entities are sharing that information to provide for a patient’s care, or if the health information doesn’t personally identify the patient.

If there is a violation, then a person can click here to file a complaint with the Office for Civil Rights (OCR), which is the Department of Health and Human Services’ enforcement arm. Please note that there is no private right to sue for a HIPPA violation; a person must go through OCR to make their complaint.

In your case, unless your employer was arranging for your care or unless you authorized your employer to receive this information, then it's going to be a HIPPA violation by the doctor. You may need to consider filing a complaint against the doctor through the Office for Civil Rights in your area.

What other questions did you have for me today that I can help you out with:-)?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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