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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116710
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My primary care physician sharex my U/ A results with law

Customer Question

My primary care physician sharex my U/ A results with law enforcement entity and my employer because I tested positive for a substance that had been banned in the US (unknown to me) that I was prescribed abroad as part of alternative cancer/reconstructive treatment. I had brought the purported medication with me and my physician destroyed the 3 pills.
During course of law enforcement investigation the law enforcement entity shared details of the investigation (which centered around my medical care, treatment and medication) with someone outside of the law enforcement entity who had nothing to do with the investigation.
I am still under investigation for possession, even though the doctor destroyed the potential evidence. Do either of these things violate HIPaa laws?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I need case law or which statute one or both of these actions violated. I am hoping to show that since HIPA VIOLATIONS occurred all evidence are fruits of poisonous tree. Can my physician testify at trial about my medication and medical treatment and condition?
Customer: replied 1 year ago.
How can a U/A Result for my primary physician be given to anyone without my permission and then used in a criminal trial to prove possession (the prescription was Redotex)
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.
Under HIPAA, there is no private right to take action. HIPAA prevents disclosure of personal health information to anyone, including law enforcement, without a valid subpoena or to another medical professional for valid medical treatment purposes. Under HIPAA if there was a violation, the recourse you have is you must file a complaint with the US Department of Health and Human Services, which is the sole entity under HIPAA that has enforcement authority under HIPAA.
If the police obtained the evidence illegally from the doctor in violation of HIPAA, then the Court held in State v. Jewell, No. 10 - 11 - 00166 - CR (TX 10th App 2010), then that evidence should be deemed inadmissible against you.
Furthermore, under the state confidentiality of medical record law, http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.181.htm, you have a right to file a civil suit against the doctor for breach of his duty of confidentiality (which you do not have under HIPAA) and you can sue for all the money damages you suffered, including attorney's fees incurred in fighting any criminal charges and also the emotional harm he caused you to suffer through this.
Customer: replied 1 year ago.
The statute website is no longer active. Under which specific state statute does it provide for.civil litigation ? Also, did DPS violate HIPAA law discussing my case with.someone outside of the.investigation?
Customer: replied 1 year ago.
I would like to speak to you on the phone. Could you call me at noon (texas time) to answer a few more questions? You have been most helpful.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It is chapter 181 and it is a valid link, you need to just copy it and paste it to your browser because of a technical issue with the site, I apologize.
DPS is no covered under HIPAA, only medical providers and medical insurers. HIPAA is a very narrow law I am afraid and DPS does not have a duty of confidentiality, your doctor does.