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The hippa law has my rights been violated?
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The hippa law has my rights been violated?

an ex friend informed me that an employee she hates has herpes. she accessed this information checking this woman's medical records at the same hospital they work at. ( this ex friend hates this woman because she is Pretty the married man this ex friend is dating likes this woman) I feel she has checked my medical record too. (she had made a call to someone I know, she never had this persons phone number while we were friends) how can the hospital find out she accessed my records and what can happen to her? ( this ex friend has a friend that's a nurse Im sure she used her password to get this info)
Additional Details
I would just like to add thank you in advance for your answers. so far they are all informative.


    




michr
i just can't help myself after reading answers that seem so authoritative..............................

there is no such thing as HIPPA!


it is HIPAA and if you would like accurate information go to:
http://www.hhs.gov/ocr/hipaa/


raynard20010
Rating
I work in the health care industry. Every time we access a record the computer document this. Just call the hospital they can check this easily, and your friend will not have a job and you may get some money.


phxmilitarymom
Rating
You need to report this to the woman's supervisor as well as the hopital administrator. You need to let them both know what you have stated here and that you feel your records have been violated, as well as knowing another persons have been since this ex friend gave you private information about that patient. I can guarantee you that they will check to see who has been accessing which records and if there was a valid reason for them to be checked. They may not get back to you with any response but if you still feel that you may have had your privacy violated (and you probably have) you can report the hospital to the attorney generals office - let the hospital know this is your next step if they do not get back to you. This woman has no rights to access any ones record unless it is specifically asked for by another hospital, Dr. office or the patient. Hospitals take this very seriously and this person may very well be fired upon completion of the investigation, as she should be. Report it and report it now!


brunie200764
WELL really all you need is just the suspiscion. Call the hospital and get ahold of a supervisor and let them know what you are thinking. They have to by law check her out and I'm sure question her. Eventually they'll get her and she won't be able to talk herself out of it. Also I'm their patient files like you said are password protected..usually databases like that that ask for a password also keep log of when they logged in. The hospital will be able to put two and two together. Just please make sure before you accuse this person that you are absolutely certain bc someone could easily lose their job and get in trouble with the law. Hope I helped.


Chely V
Rating
First of all, by telling you about her co-worker's herpes she has already violated HIPPA. She violated it again by accessing the information at work for non-medical purposes. That is totally illegal!!! Using someone else's password to access the system? Not ethical at all.

So, yes she has violated HIPPA by accessing medical information for things not related to her job AND then passing on the information without the patients permission. However, I have no clue how you would prove this or bring this to the attention of the hospital. The first thing you might want to do is see who is in charge of the hospital's HIPPA compliance. Most hospitals have a department or at least a person who handles this. I would start there...tell this person what happened and go from there.

Good luck!


guardianangel
Rating
Violation of the HIPPA law is a serious federal violation. If the friend did not tell the ex-friend, then this is enough proof for the medical institution to prove that this employee accessed this individuals as well as possibly your medical records.

Since this is a federal law that has been broken, the medical institution will want to terminate the employee's employment to avoid further action on your part and your friend. This ex-friend will no longer be permitted to work in the health care industry. If she/he has a license, he/she will loose the license and will never be able to obtain another license in the future.

I would contact the medical institution and take it up with the human resources department. Your case may not be as strong, but your friend seems to have a good case. I hope everything works out.

Best wishes.


Tortuga
The situation you mention wouldn't be part of the HIPPA laws. The HIPPA laws state that your employer can not directly ask you of your medical condition should you need to be absent from work (regardless of 1 day or 8 weeks). The laws allow you to go through your Human Resources Department, and your Doctor, and confidentially explain to your company why you are absent. Nobody in your department, including your superiors, have to have knowledge of your ailment. Your scenario is "he said, she said", "backstabbing", "sabotage", but it's not HIPPA.


Danielle
Yes I would like to hear everyones outlook on my situation! Im 33yrs old...been goin to my doc for 6yrs..I admit I went thru a emotional state of mind and I start to feel better until i'm walkin thru docs OFFICE. And see a guy friend whom I hadn't seen in 4 (he goes thr too) well to benfit my own good he informs me tht he nows all about. My medical history. So of coarse everything tht rolld off his tongue Was exact FACTS! Well the nurse/receptionist and this guy dated for like 1 yr.. Come to find out she go home and gossip about mine and other peoples medical history file! Now im pissed and thy my docters did not want me anynore and terminated me and my 2 kids! So my guy friend said he will go to court and tell the judge wat he told me tht day we ran into each other....so now wats ur all reply to my issue and this is a major HIPPPAviolation. Wat would y'all do and please leave ur comment or advise and tnku





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