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Author Topic: HIPAA violation question  (Read 2920 times)

Offline bignasty (OP)

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HIPAA violation question
« on: January 13, 2018, 07:04:08 AM »
I got kicked out of my old doctor when the 'done clinic I was going to did a PMP on me and found out I was getting 'done from the clinic and from my doctor. Anyway, months later, my wife goes to my old doctor to get on suboxone and the doctor goes on to tell her "your husband used to come here but he was going to the methadone clinic and coming here to get methadone". I mean WTF is that shit? Is that not a huge HIPAA violation?

What can I do about this? My wife is cool and knows everything I do but what if she wasn't cool and this bitch doctor could've caused a divorce and/or custody problems for me.

I no longer go to the 'done clinic so I've seriously been thinking about talking to the doctor and tell her that I need my methadone back every month with an increase or I'm going to out her HIPAA violation that my wife has recorded on her cell phone (bluffing) and see what she says. What are my options or what would you do?

Offline Jega

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Re: HIPAA violation question
« Reply #1 on: January 13, 2018, 07:57:08 AM »
Cornell Law School. Become Smarter!
https://www.law.cornell.edu/cfr/text/45/160.203

Also this could be useful...
http://www.namsdl.org/library/2C1B0E8F-1372-636C-DD624D4C13DB85FF/

In short its a legal gray area. But because the states require providers to provide the information under law, they can't be prosecuted for something they were required to do by law. At least in American states with PMP's.

Offline bignasty (OP)

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Re: HIPAA violation question
« Reply #2 on: January 14, 2018, 07:02:05 AM »
Thanks for the info but what would you do? I seriously think I have something I can use against her now and maybe get my 'done script back.

Offline bignasty (OP)

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Re: HIPAA violation question
« Reply #3 on: January 14, 2018, 07:06:59 AM »
Also, my wife is not a "covered entity" and there was NO REASON for the doctor to tell my wife what was or wasn't on MY god damn PMP! My wife doesn't have a right to know shit about my healthcare unless I sign some kind of waiver, which I haven't. I mean this doctor pretty much just gossiped my PMP info to my fucking wife.

Who do you report HIPAA violations to?

Offline Jega

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Re: HIPAA violation question
« Reply #4 on: January 14, 2018, 11:02:16 AM »
Well no one really. And no I'm not trying to be glib or insensitive but it's just part of the problem. The AMA doesn't really care all that much. They care more if you bring her to court and I mean telling your wife, was she technically wrong-Yes. Yes up and down. But unless you're willing to bring it to court there is no system that is willing to do all the legal wrangling for everyone.

Offline bignasty (OP)

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Re: HIPAA violation question
« Reply #5 on: January 15, 2018, 01:47:08 PM »
bring her to court as in trying to sue her? I read that you can't sue over a HIPAA violation so how could I bring it to a court? I'd really like to get this bitch in trouble since she doesn't know me and my wife's situation. I mean we could be in the middle of a custody battle and she would've just FUCKED ME HARD by telling my wife all that shit!

Offline Jega

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Re: HIPAA violation question
« Reply #6 on: January 16, 2018, 01:12:53 AM »
HIPAA isn't really the sticking point it's more that you can't disclose someones medical information to anyone they don't allow. Now usually when you go into a Dr they make you sign one of the forms that has a places to put names (a wife would be a logical conclusion) that allow the office to discuss your information too. But putting that aside and cutting to the chase, you couldn't disclose someone medical information to an unauthorized person before HIPAA became law. But as angry as you are the system is designed to take a long time and make it hard for people to go after bad Dr's.
« Last Edit: January 16, 2018, 04:00:22 AM by ɹǝddᴉɥƆ »

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