Legal Question in Health Care Law in Florida

HIPAA Violation

My Dr is friends with my employer who is also a Dr. On my first visit, I specifically told him my care and history should not be discussed with them. While I was admitted in the hospital, my Dr faxed his consult dictation to my employer with my entire med hx in it (including past drug use/rehab), stating he thought I was using again. Lab work proved this wrong but now my employer and entire office staff know my history. I am a nurse and this could effect how I am treated at work. What part of HIPAA does this fall under?


Asked on 12/19/07, 10:58 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: HIPAA Violation

It was clearly a HIPPA violation, but HIPPA does not provide for a private right of action. There are state privacy issues, but so far you have not been affected. I would go and speak with your employer to get the records purged and make it known to him that you take this issue seriously. You can also contact the doctor to voice your copmplaint and concern and he can be reported to AHCA.

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Answered on 12/19/07, 11:11 pm


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