Re: Possible HipAA Violation

More | Report Post

On 12/07/06, lawguy wrote:
> On 12/07/06, Tina wrote:
>> On 11-24-06 I was wrongfully accused of "smoking Marjuana"
>> while at work. I consented to a drug test and was sent
>> home immediatly. ... I found out that one of the Nurses,
>> although she was instructed not to, turned around and told
>> 3 other people. ... First, were my HIPPA rights violated?
> Second, if
>> so what are my recorses? ....
>
> There may be no recourse under HIPAA.
>
> "You have no right to sue under HIPAA for violations of your
> privacy. In other words, you do not have a 'private right of
> action.' Only the HHS or the U.S. Department of Justice has
> the authority to file an action for violations of the
Privacy
> Rule." says http://www.privacyrights.org/fs/fs8a-hipaa.htm
> online
>
> good luck.
Who did she "turn around and tell?" There are usually very
strict rules about that. Were those three people people she
was obligated to tell, like her supervisor, your supervisor,
etc.? If she was just gossiping she was wrong and extremely
unprofessional and I would lodge a complaint with the State
Board of Nursing. If she was following procedure though
there's nothing you can do.