What Legal Recourse Do I Have for Unauthorized Medical Record Access?

Question from Hawthorne, What Legal Recourse Do I Have for Unauthorized Medical Record Access?

Answer from AI:

If your medical records were accessed without your permission, and this information was shared and used against you, you likely have grounds for legal action. The unauthorized access and dissemination of your medical records, especially with the sensitive nature of HIV status, is a serious breach of privacy. In the United States, both federal and state laws provide protections against such violations. Here’s a general overview of what you should know and potential steps you can take.

Federal Protections: HIPAA

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects sensitive patient health information from being disclosed without the patient’s consent or knowledge. Under HIPAA, only certain entities (like healthcare providers and insurance companies) are required to protect your health information, and they are prohibited from sharing it without your permission, except under specific circumstances.

– If a university or its employees improperly accessed your Electronic Medical Records (EMR) without a legitimate healthcare-related reason, this could constitute a HIPAA violation.
– You can file a complaint with the U.S. Department of Health & Human Services Office for Civil Rights (OCR) online through the OCR Complaint Portal.

State Privacy Laws

In addition to HIPAA, many states have laws that protect the privacy of individuals and their personal information, including medical records. These laws can sometimes provide even stronger protections than HIPAA and may offer avenues for civil litigation.

– You may have the right to sue for invasion of privacy or breach of confidentiality under state law.
– The specifics will depend on the laws of the state where the university is located or where the breach occurred.

Potential Legal Actions

Considering the severity of the breach, involving unauthorized access and sharing of your HIV status, you might explore several legal actions:

1. Invasion of Privacy: This tort action addresses the unlawful intrusion into your private life.
2. Breach of Confidentiality: If someone with a duty to keep your information confidential (like a healthcare provider) shared it without permission, this could apply.
3. Discrimination: If the action taken by the university (e.g., expulsion from the alumni association) was based on your HIV status, it might also constitute discrimination under the Americans with Disabilities Act (ADA).
4. Intentional Infliction of Emotional Distress: This claim addresses actions that cause severe emotional trauma.

Steps to Take

1. Document Everything: Keep a record of all communications and evidence related to the breach and the university’s actions.
2. File a HIPAA Complaint: As mentioned, you can file a complaint with the OCR if you believe your HIPAA rights were violated.
3. Consult a Lawyer: It’s crucial to speak with an attorney who specializes in privacy law or healthcare law. They can provide advice tailored to your situation and help you understand your legal options.

Conclusion

The unauthorized access and sharing of your medical records, particularly concerning something as personal and sensitive as HIV status, is a grave violation of your privacy rights. Federal and state laws offer protections and potential avenues for recourse. However, navigating these laws can be complex, and the specifics of your case will significantly influence your legal options. Consulting with a legal professional who can provide personalized advice and representation is the best course of action to ensure your rights are protected and to explore all possible remedies.

Remember, legal actions can be subject to statutes of limitations, meaning there are time limits within which you must act. Therefore, it’s important to seek legal advice as soon as possible to avoid missing critical deadlines.