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I am volunteering for a non-profit Cat Rescue. A person

I am volunteering for...

I am volunteering for a non-profit Cat Rescue. A person working for this rescue was sexually harassing me, and then when I confronted him, he accessed and advertised protected medical information about me. It was part of an expunged criminal charge that not even I have been able to access! I am certain that his girlfriend, who works for an insurance company, perpetrated a HIPAA violation. How can I prove it? Is there not a digital record of this violation?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Delaware

Lawyer's Assistant: What steps have you taken so far?

None, I want to research how to prove they did this.

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

Not sure...

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Answered in 3 minutes by:
3/17/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,809
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, there is a digital record of who accesses personal health information and records in medical systems. Also, you need to know that under HIPAA there is no personal right to sue, you must file the complaint with the US Department of Health and Human Services, they are the only agency with the enforcement power under HIPAA.

Your suit would be for breach of the duty of confidentiality against the girlfriend. You would prove the access of the records by subpoena to the insurer for their HIPAA electronic access logs, which they have to keep by law.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,809
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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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.

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