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Do I have a right to health care-related privacy?
New York, NY
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Posted 7 months ago in Health Care
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I am a student at a university. I am not a minor. At the advice of my university-based doctor, I checked into a hospital. I was assured by this doctor and the two social workers who arranged hospitalization that my parents would not receive notification. The next day, my parents were notified. When I confronted the student health center, they said they are not at fault because they did not contact my parents, they gave me information to a separate university office who contacted my parents. My situation was not an emergency and did not deal with breaking any laws or university policies. I had expressed on several occasions that I did not want my parents notified. Did my university break the law? Specifically HIPAA?
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Thanks for answering. I have actually already filed a HIPAA complaint. I was wondering what my next steps could be. As a student, I obviously do not have the money to hire a lawyer and most legal aide places in NYC do not deal with this kind of issue (I have been calling around). What other resources are there for me? This issue is very significant to me because my parents are Christian Scientists and we are now estranged. Answers (4)
L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted 7 months ago.
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There was probably a violation of HIPAA by the separate university office. However, as I understand it, there is no private right of action for a HIPAA violation of this nature. In other words, you can't sue the university for notifying your parents, at least, not under HIPAA.
It doesn't seem fair. I don't think it's fair. Maybe you have a remedy of some other nature. Discuss it with a lawyer licensed to practice in New York. I would be delighted to discover that in fact there is a legal remedy for such breach of privacy as you describe. I am not licensed to practice law in New York so the foregoing should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds New York licensure. Good luck.
L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted 7 months ago.
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My heart goes out to you in your circumstance. I do not have an answer for you but I will keep my ears open.
L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted 7 months ago.
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It is possible a remedy exists against the University, by way of a claim for negligent infliction of emotional distress. This decision provides an example:
http://www.aoc.state.nc.us/www/public/coa/opinions/2006/060106-1.htm Good luck. Do consult a lawyer in New York where you live. dayspook
Posted 4 months ago.
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I believe there was a breach of HIPAA and you can submit a complaint to OCR. http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html
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