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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I HAD A DENTIST TO DISCUSS MY PERSONAL INFORMATION WITHOUT

Customer Question

I HAD A DENTIST TO DISCUSS MY PERSONAL INFORMATION WITHOUT MY PERMITTION WHAT CAN I DO ABOUT IT
JA: What state are you in? It matters because laws vary by location.
Customer: FLORIDA
JA: Has anything been filed or reported?
Customer: no I don't know where or what to say
JA: Anything else you want the lawyer to know before I connect you?
Customer: can they talk about my credit with them
Submitted: 4 months ago.
Category: Legal
Expert:  LawTalk replied 4 months ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

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 again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

Expert:  LawTalk replied 4 months ago.

Good evening,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

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 by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,

Doug