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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Can a CEO of a hospital that is non-profit black list a professional

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Can a CEO of a hospital that is non-profit black list a professional in the area that he has used very successfully because he made a statement that I feel was a Heppa Violation and I called him on it.

Thank you for your question. I need to know a bit more before I can answer your question.

Was the statement a disclosure of your medical information, or was it a disclosure of someone else's?

What relationship did you have to the CEO (what kind of professional are you)?

Finally, when you say blacklisted, what do you mean exactly? Has the CEO said anything untrue about you?

I look forward to hearing back from you.

Customer: replied 4 years ago.

I am real estate agent. I have listed and sold property for him several times. The hospital where he is the CEO is in the town where I have been an agent for 29 years. 26 of those years I have been the # XXXXX agent in the area and inducted into an International Hall of Fame. Approximately 6 years ago a physician backed out of a verbal offer that I had given the CEO and I stated it will not be valid till he meets me the following morning. The DR came in and said he could not purchase that home because he had to be within 15 minutes of the hospital and the CEO's was 22 minutes out. The home sold to the next person that viewed but he blacklisted me for 3 years then needed me for his own purpose and stated you get me that home and you are back on the hospital list. This list is for showing the new physicians around the area in helping recruit. The recruiters have all raved about my abilities and how I go the extra mile. I have had numerous health problems and the major part of my treatment has been at this hospital..Example, Cancer, open heart, 8 stints since open heart, rental failure from heart cath, 8 other surgeries with 3 neck surgeries in the last 2 1/2 years I keep bouncing back. God is not finished with me yet. The CEO's wife that is 29 years younger than he has been very close to me. I was in the hospital last September with passing out spells and major headaches. I was dismissed and re-admitted. The CEO made a statement to my husband that he thought I was hooked on pain medicine (IV). My husband, a very successful Merrill Lynch Stock Broker, said Fred, she never takes pain pills after she goes home. It is your doctors that hook her up. The CEO has stated many times that our Etna Insurance is outstanding. When my husband told me this, I went crazy, I called the wife and left a message on her phone, that I could not believe that my friend an the CEO of the hospital that I promote so strongly would make a statement to my husband and not to me. was that not a Heppa violation? If a physician had stated that, why had someone not professionally spoken to me about this? Have I mentioned that we are raising two granddaughters because of mother and father that had drug problems. Do you really think I would stoop that low. Also I work at my church with youth and hospital visitation, every opportunity I have plus I am on two active boards in town. But after I made the call I have not received any calls from the hospital since October 2012. I am wondering two things can he do this and it have an affect on my career because of his bull headed ways. He is not well thought of right now and the hospital is under investigation. It is very sad. He built an incredible hospital which became our major employer but so sadly it is being destroyed. As I feel he is trying to do to me. was he in violation and do I have recourse there also. I have never filed a suit in my 56 years want to know my rights. You may look at Kings Daughter Medical Center Ashland Kentucky XXXXX XXXXX CEO for additional information if needed. Thank you


Let's separate the issues and address them indvidually:

1. Was there a HIPAA violation?

A: Probably not. A medical provider may disclose protected health information to a close family member who is responsible for care of the patient. The CEO's statement to your husband would fall under this exception to the non-disclosure rule.

2. Is there anything you can do about being blacklisted?

If all the CEO did was decide not to refer you as the real estate agent to use for new doctors at the hospital, then this does not trigger any legal claims. However, if the CEO was stating false facts about you to other people to discourage them from using your services, this would trigger a claim for defamation on which you could sue him and recover damages.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
TexLaw and 10 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

One last question, he is a CEO, how can he have information about me to disclose? He is not a physician.

The administration of a hospital is allowed to have access to patient records generally pursuant to release forms that you sign before you are treated by the hospital.

HIPAA also allows administration staff to access medical records if they are in any way assisting with billing or insurance matters related to the medical care provided.