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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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In September 2010, I was hospitalized. After the hospital

Resolved Question:

In September 2010, I was hospitalized. After the hospital stay, I requested my medical record. Along with my medical record I receive two days of someone else confidential medical information. The patient was also there during my stay and I received printed copies of her confidential medical information for two days of her stay. I know this is a HIPPA violation. Currently I am writing to the CT Department of Public Health re: questionable care for ME, etc. during my hospital stay. My question to you is my possession of her medical records still a HIPPA violation? Or is there a 180 day limit on when you can report a HIPPA violation? Thank you.
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.

Zachary D. Norris :


Customer: replied 5 years ago.
What information?
Expert:  TexLaw replied 5 years ago.

I'm happy to answer your question.

1. Is your possession of the private medical records a HIPPA violation.

Answer: Your possession is not a violation. HIPPA prevents only the DISCLOSURE of the private medical records. Thus, it is the act of the disclosure by the hospital that is the violation.

2. Is there a 180 day limit to file a HIPPA complaint.
As a consumer who has become aware of the violation of someone else's privacy rights, you may file a complaint with the Federal Office of Civil Rights (OCR). A complaint based on violation of HIPPA standards must be filed with the OCR within 180 days of when you discovered the violation. That means within 180 days of your receipt of the 3rd party's medical records. Further information regarding filing complaints may be found at:

Please let me know if you need further information.

TexLaw and 2 other Legal Specialists are ready to help you
Expert:  TexLaw replied 5 years ago.

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