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A pharmacist refused to fill a legal prescription from a…

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A pharmacist refused to...

A pharmacist refused to fill a legal prescription from a pain management specialist and then proceeded to call both the pain management doctors office and my pc to tell them they thought I was getting pain medication from both of them. During the conversation the pharmacist discussed my medical condition and medications. Is this a violation of Hippa?

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

Texas

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

I have file a complaint with the state board of pharmacy and have complained directly to Wal-Mart

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

Just if we can go after the pharmacist and Wal-Mart under hippa?

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/21/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,221
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

I’m sorry to hear about your situation. The Health Insurance Portability and Accountability Act includes a Privacy Rule and is the law that protects people from having their private health care information disclosed without their consent. The Privacy Rule essentially says that “covered entities” (clinics, doctors, dentists, etc.) that are in possession of any health-related information (e.g. tests, medications, diagnosis, etc.) that personally identifies a person (e.g. has their name, address, and SSN, for example) is required to maintain the privacy of that information.

The only exceptions are if the patient authorizes the release of that information, the covered entities are sharing that information to provide for a patient’s care, or if the health information doesn’t personally identify the patient.

If there is a violation, then a person can click here to file a complaint with the Office for Civil Rights (OCR), which is the Department of Health and Human Services’ enforcement arm. Please note that there is no private right to sue for a HIPPA violation; a person must go through OCR to make their complaint.

So, in your case a pharmacist would be able to speak with the doctor and your primary care physician regarding your medication since one of the exceptions allow professional-to-professional discussion about your care and treatment. If anybody else were told about your prescription, then it'd be a HIPPA violation.

Also, because HIPPA doesn't allow for a private right to sue, but rather allows you the right to make a complaint through your department of health and human services, you won't be suing Wal-Mart directly, but rather making a complaint. Money damages are possible if you can prove you suffered money damages as well.

What other questions did you have for me today that I can help you out with:-)?

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