What is my recourse if my HIPPA rights have been violated by my employer?
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What is my recourse if my HIPPA rights have been violated by my employer?
My boss directed me to see his doctor but then violated my HIPAA rights by talking to the doctor about my results. The doctor must be also be exposed to a violation for giving details to my boss, right? Subsequent to a Saturday appointment I got an e-mail from my boss (Monday morning before I even spoke to him) that states that he spoke with the doctor and per the results of my diagnosis he could never pay for that extensive of treatment. This doctor had told me to follow-up with him in a week, and my boss told me that I would have to follow-up with my own physician. My boss also looked at my medical insurance questionnaire and asked another employee to call me out directly on my supposed non-disclosure of a pre-existing condition.
Asked on November 2, 2010 under Personal Injury, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately there is not a cause of action specifically for a violation of HIPAA. You have no rights to sue only to file a complaint against the party or parties that you believe violated your rights under the law. I know. It is disappointing. But that is the way it is right now. But it also sounds here like a form of discriminatory hiring practices by your boss and/or a way of denying you health insurance coverage which may in fact be against the law as it stands now. I would seek consultation from an attorney in your area on these issues. Also, speaking with the other employee and engaging him to essentially spy on you could be seen a a form of harassment. Seek legal consultation. Good luck.
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