Legal Question in Health Care Law in Missouri

Colleges giving out medical information

Our university's student health center sends e-mails telling students when their perscription drugs are here. This e-mail contains names of everyone who has the perscription. Effectively releasing your medical information to everyone on the list. I wanted to know if this is a violation of a law protecting the privacy of someones medical information. Someone I know contacted a lawyer and is now attempting to settle out of court for free tuition. What is the most likely outcome for this?

If the only reason for the university to give this guy tuition is to prevent this information from costing them in court, then what keeps or has kept anyone from doing the same previously or possibly in the future(assuming someone has proof of past violations such as an e-mail).

I am very ignorant on the subject of law, but this has me very interested.


Asked on 4/18/07, 2:56 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Colleges giving out medical information

Never believe the rumor mill. If the email tells everyone who has a prescription to come pick it up, without revealing any personal or medical information, then you don't have a HIPAA violation.

If, on the other hand, it says "Mary Smith, your prescription for antifungal cream is ready" and in the same email "John Jones, your high dose antibiotics for your urinary tract infection are ready", then you likely have a HIPPA violation and can talk to the Office of Civil Rights in the Justice Department.

I would not expect you'd get free tuition; you might get an apology.

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Answered on 4/18/07, 8:15 am


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