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I think my Hippa rite were violated what do I do about filing a complaint against the DR Office and the Nurse who changed notes.

Tobyhanna, PA |

visitation parent wrote to dr office in feb and changed dates of school excuse note and physical custodial parent was not advised in any way. Info was shared with school, but not primary parent. What do I do about filing complaint that the information was changed and I was not notified, also, I have requested info 3 x from dr office i am getting the run around.
last, i was taken to court and i was fined for sending school an excused note.
I stumbled on this I of when I called about a bill, then learned all the information here, my big concern is I'm being taken advantage of and he's manipulating the situation. Is it legal for an office to change a dr note, by the nurse? I feel violated.

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Attorney answers 2

Posted

The federal agency in charge of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (HIPPA) is the Health and Human Services Department. The complaint mechanism for a person to follow is to go about filing a complaint with the federal Health and Human Services department if you have experienced a HIPPA violation. The federal HIPAA statute does not provide anyone, including any person, with a private cause of action in the courts. This means that even for a violation by your doctor or other medical personnel, a person cannot bring a lawsuit. A person may, however, use the complaint mechanism by filing a complaint with the federal Health and Human Services department. That HHS Department can and may follow up on a reported HIPAA violation. Complaint forms are available on the Internet.

Posted

It seems to me (perhaps wrongly -- not sure) that part of your quesiton is really venting about your ex and a potential conspiracy among the doctor's office (your target here in the question) and the ex as againt your rights as the custodial parent. If that is the underlying issue then perhaps seeking a modification of your divorce decree concerning parental rights and child custody, etc. may be the way to get things improved from where you stand now.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

Asker

Posted

So your sating its ok for visitation all parent to contact a dr question notes, get them changed and share info with the school without including me and I get fined for not providing a note for student absence. That's ok. I'm not sure the targeting think both are the target. More so the dr office for changing info, not involving me and when I made request to obtain what happened 4 mo ago I get the run around. That's ok? It ok to have one parent play games against another and the one not in the communication gets the fine. I think no. I think there is something very wrong. I think changing notes is very wrong I think not sharing info with primary parent is very wrong. It's the dr office who is wrong. Now what should I do?

Asker

Posted

I'm not venting I'm trying to figure it out, and want to know what to do about it without getting soaked. I'm just shocked and not sure what to think or do about it. Thanks for your help.

John P Corrigan

John P Corrigan

Posted

I am not saying any of this is ok at all in respect to what happened to you and am in fact sympathetic in telling you the damage emanates from the ex and only way to perhaps solve this is tied to your divorce decree and that is something only a divorce/family lawyer can do and not likely to be resolved on a general website like avvo.com. I think my advice on what to do is on point and hope you seek out appropriate person who can undo the damage and obtain a modification and court order that will avoid future problems like this if your ex tries to harass you every turn. I wish you good luck.

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