I need to understand the law in regards to patient records.

Asked over 1 year ago - Jacksonville, FL

I received an abrupt knock at my door from a former Healthcare practitioner. They were asking me for assistance because they have a legal issue. They admitted to me that they looked me up somehow and saw my healthcare practitioners who have treated me, and then decided to visit those doctors themselves. I do not understand if this is legal? How can a medical professional look up a person using billing databases or something when they are NOT their patient?
If possible how do I report this?

Attorney answers (3)

  1. George Costas Andriotis

    Contributor Level 20

    2

    Lawyers agree

    Answered . Without a signed medical authorization (HIPPA) nobody outside your physicians office should have access to your medical records.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Although there is no private right to sue under HIPAA, you can report them.

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  3. David Hughes Harris

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    1

    Answered . These are some very strange facts, and candidly, I don't understand. So, I'll give you some general information:

    The federal HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
    42 U.S.C. § 1320D-1320D-8; 45 C.F.R. § 160.101, protects a patient's health information from disclosure to certain third parties without authorization.

    Keep in mind, if your healthcare provider had a legitimate reason to follow up with you, then no HIPAA violation may have occurred. HIPAA does not prevent a patient's healthcare providers from sharing the patient's health information with the patient's other healthcare providers (otherwise, doctors, therapists, and hospitals, etc. would never be allowed to share the patient's treatment course information with each other, which would not make sense and certainly not help the patient . . .).

    Counsel are correct, there is no private claim for a HIPAA violation. Instead, violations are reviewed by, and, where appropriate, prosecuted by the federal Department of Health and Human Services Office of Civil Rights.

    If the healthcare provider's actions are not legitimate, then you may also make a complaint with the healthcare practitioner's particular licensing board (i.e. Board of Medicine, Board of ____________, etc.). You may also contact the Florida Department of Health, Consumer Services Unit, to initiate a complaint on the circumstances you outlined.

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee... more

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