Skip to main content

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

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

Posted

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

Mark as helpful

2 lawyers agree

Posted

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

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Mark as helpful

1 found this helpful

3 lawyers agree

1 comment

Asker

Posted

The healthcare practitioner admitted to looking me up. I am confused HOW they can do that. Should I report them as unauthorized to look me up? I have no idea what medical system they used.

Posted

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 agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Yes, the healthcare practitioner has attempted to find out anything about me, and even showed up on my door on Christmas evening trying to bribe me to help him in a lawsuit. I had to call the police. We are talking about a mentally ill person who knows he has been unprofessional and is losing business.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics