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A mental health facility released a diagnosis to a private…

Customer Question
Hello. A mental...

Hello. A mental health facility released a diagnosis to a private school without authorization from the guardian. Is this a violation?

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

This is for HIPPA! We are in Illinois

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I don't think these messages were meant for me. Please read me responses above

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
12/12/2017
Lawyer: P. Simmons, Attorney replied 8 months ago
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,716
Experience: 16 yrs. of trial experience
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Lawyer: P. Simmons, Attorney replied 8 months ago

Can you provide some context? What happened here?

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Customer reply replied 8 months ago
I am typing my response but lost the first version
Lawyer: P. Simmons, Attorney replied 8 months ago

Ok...the first version did not have any context. Can you provide some context?

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Customer reply replied 8 months ago
My son attends a mental health facility. His school required documentation upon his discharge. They need them to release him to school, provide a treatment plan going forward and provide recommendations for academic accomodations
Customer reply replied 8 months ago
still typing
Customer reply replied 8 months ago
I specifically asked the mental health provider NOT to provide information such as diagnosis and I also asked for her to send any documents to me to approved before they were sent to the school head
Lawyer: P. Simmons, Attorney replied 8 months ago

Thanks

that helps

A few mins please and I will type a response

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Customer reply replied 8 months ago
The provider did not follow my instructions. She did not send the documentation to me for review before sending it to school. She also included his diagnosis after we specifically discussed how limited i wanted the schools information to be
Customer reply replied 8 months ago
Is this a HIPPA violation??
Lawyer: P. Simmons, Attorney replied 8 months ago

That you for your patience

What you are describing, it certainly sounds like a HIPAA violation.
HIPAA (health insurance portability accountability act) is the federal law that governs privacy in health care records (among other things)

Under HIPAA, a covered entity (the provider is a covered entity) can NOT release private health care information without a release (waiver) from the patient except in very limited circumstances (for example, a court order is an exception to the HIPAA rule...they can release information pursuant to a court order, without a waiver from the patient).

What you are describing? If the provider released the information to the school without permission from you? That violates HIPAA.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 8 months ago
What is the next step?
Customer reply replied 8 months ago
Do i just go to a lawyer and start a case? Do i talk to the facility first?
Lawyer: P. Simmons, Attorney replied 8 months ago

SOrry...what case are you referring to?

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Lawyer: P. Simmons, Attorney replied 8 months ago

There is no "private right of action" under HIPAA...you can report the violation to the US Dept of Health and Human Services...but you can NOT sue under HIPAA...the law prohibits that

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 8 months ago
The provider releasing unauthorized info to the school
Customer reply replied 8 months ago
there are not consequences for violating this law?
Lawyer: P. Simmons, Attorney replied 8 months ago

There is...the federal government can fine them. But you can not sue them...that is not permitted.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can sue over this, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Lawyer: P. Simmons, Attorney replied 8 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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