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I would like to see if my hipaa rights were violated. I work…

Customer Question
I would like to...

I would like to see if my hipaa rights were violated. I work security for a hospital. My girlfriend recently passed away recently.She passed away in the night from a heart attack in her sleep next to me. I didn't handle it very well and was hospitalized on a temporary hold. I was checked as ANP. I don't know how he found out I was in the hospitalized but he also know what I was there for. The security officer called me to let me know that he had texted her. In this text he was asking her if I was being discharged or going to the mental heath ward. Does this sound right toy.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks that's it

Submitted: 4 months ago.Category: Legal
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Answered in 45 minutes by:
3/10/2018
Lawyer: Attorney Wendy, Lawyer replied 4 months ago
Attorney Wendy
Category: Legal
Satisfied Customers: 1,170
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. It does sound like there are HIPAA concerns here. Merely because you are employed at the hospital does not give your employer any different rights (or the hospital and other health care providers any different duty) as to the privacy of your personal health information (PHI). It is not clear who the security officer you work for or with was calling to ask about your discharge, but any medical personnel should not have disclosed that information to him. I would consider going to the hospital administration - they should have someone who oversees their privacy and HIPAA compliance (the HIPAA Privacy Officer) - and asking to speak with that person about what happened and your concerns and you may consider filing a formal complaint based on the disclosure of your PHI. You should also not suffer any adverse employment action from your employer as a result of your hospitalization; so be sure to familiarize yourself with your company's policies and who handles human resources complaints should you need to take any steps to protect your employment. I hope this helps.

If you need further help, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Lawyer: DanLegal, Lawyer replied 4 months ago
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 616
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - When you say he are you referring to the other security guard? Because you work security for the hospital does your information automatically get sent to the security personnel?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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