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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well..What can I answer for you? I see what you've written but I don't see a question listed.
Bear with me as I type out an answer... but the short answer is she cannot have violated HIPAA based on the circumstances you describe.
First off, even before you told me that they do not collect medical history I was going to tell you that they don't collect medical history - a massage parlor is no more a "covered entities" (health care clearinghouses, employer sponsored health plans, health insurers, and medical service providers) than a hair or nail salon....
IF ANYTHING, their emailing all of their customers stating that she violated their HIPAA rights might be construed by some to be DEFAMATION!
Sure, here you go: https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html
One can't breach a system that one is given a username and password ***** and weren't told he or she no longer has access to - at least that's what most people would argue. Smarter people would have inactivated her account...
It would seem :) And it's my pleasure - happy to help! If you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you. You CAN still ask follow up questions after rating.
And I would agree with you that it's murky at best. Frankly, it's surprising that there was no non-solicitation contract she had to sign; that would have solved their problem.
That it is!
Defamation (libel) requires that an untrue statement be made/published and the person knew it to be untrue and said/wrote it anyway - and it caused damages.... The authorities are unlikely to weigh in on anything related to this case ... If you decide to pursue a defamation claim, martindale.com is a good place to look for attorneys.
-----------Reminder: This site is for general information for educational purposes only and does not constitute legal advice.
It honestly depends upon the attorney. They decide whether it's "worth it" to them to float a case to settlement or trial. There is no hard and fast rule though.
Thanks for your rating :)
I will be logging off now but if I can help you with anything in the future, please reach out!