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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37639
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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My employer got my medical prescriptions from a clinic that

Customer Question

My employer got my medical prescriptions from a clinic that I went too.is this a hippa violation?
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I had a return to work slip for today and the human resource person contacted the clinic and got my medical prescription from them are wal mart
Submitted: 11 months ago.
Category: Legal
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you saying that you employer actually picked up your prescription and has your medication---or that someone told them that you were given a prescription?

2. Did you go to the clinic for a work related injury or illness?

3. Who did HR call and learn of the prescription from---the clinic or Walmart? It isn't clear.

Doug

Customer: replied 11 months ago.
I returned to work with a medical slip after missing one day and my employer called the clinic to verify that I went to the dr. Then somehow got my medical prescriptions from either the clinic or Walmart where I got my prescription filled then asked me to go home for the day and return Monday with another slip to return to work
Expert:  LawTalk replied 11 months ago.

Hi,

Thanks for the additional information.

Yes, if the information came from either the clinic or from Wal-Mart, then there appears to have been a violation of HIPAA laws.

A HIPAA violation does not give rise to a private cause of action because the federal government, through the US Department of Health and Human Services, enforces HIPAA regulations and deals with violations. However, the same facts which constitute a HIPAA violation can give rise to a meritorious Negligence action and/or Invasion of Privacy action. You can sue for Negligence/Invasion of Privacy based on the dissemination of your private medical information.

You might also file a formal complaint with The Joint Commission, which is responsible for certifying health care facilities for eligibility to receive federal payments of health services. If a hospital or large clinic loses certification, they also lose the ability to be paid for MediCare, MediCaid patient treatment---which can force a facility to have to close down. Here is a link to the Joint Commission’s complaint web page: http://www.jointcommission.org/report_a_complaint.aspx

Also, you may also report the violation to the US Department of Health and Human Services Here is a link to a website that will assist you in filing a complaint with regard to the unauthorized dissemination of your medical records: http://www.dhhs.gov/ocr/privacy/hipaa/complaints/index.html

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 11 months ago.

Hi,

Is there anything else I can assist you with today?

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug