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  1. #1
    Join Date
    May 2014
    Posts
    4

    Exclamation Hospital Employee is Improperly Accessing Medical and Insurance Records

    My question involves public health law in the State of: Illinois
    My sons father is dating a girl who works at a local hospital. She started working there maybe two years ago. Since she started working there we have not been to that hospital...or any place that is joined with that hospital. A few months back the girl brought up some information about my sons insurance while in a meeting with our attorneys. Not only was it about my son I have with my ex, who she is dating, but also about my son I have with my husband. I talked to my lawyer about it and we chose to let it go....A few weeks ago my sons father was giving me old insurance information, which he had no access to, and I figured it had to be from his girlfriend who has access into insurance and medical information at that hospital. I contacted the hospital and they investigated the matter....and said they do not see a hipaa violationsas, and ''any access of insurance information was for job related duties." Now mind you, we have not been to that hospital since before she worked there, so I do not see how her being in my sons file is for job relation duties. We don't owe the hospital money or anything....I am considering taking this issue up with an attorney because I feel they are just trying to protect themselves, and her....I spoke with the hospital today and the lady said that she can assure me, anything that this girl has done in my sons file was for job duties. I asked her how and she said she ccan't explain that, she can just assure me that. I said ''so you're admitting she has been in my sons file'' and she said yes, but for job duties...when I continued to ask her how, because we have not been there, she told me that they can see sshe's been in there, but they can't see what she's been doing. I'm just confused on this situation and am curious if this would be something to get an attorney over and what could be done. Thanks!

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Hospital Allowing Sons Fathers Girlfriend in Medical Record

    What harm is it that dad has the child's insurance information (which he should have anyway), regardless of how he got it? What harm has this caused you or are you just trying to pick a fight simply because you don't like her and would rather let him run in circles attempting to get insurance information and/or medical information regarding HIS son?

  3. #3
    Join Date
    Oct 2006
    Posts
    15,983

    Default Re: Hospital Allowing Sons Fathers Girlfriend in Medical Record

    Quote Quoting CourtClerk
    View Post
    What harm is it that dad has the child's insurance information (which he should have anyway), regardless of how he got it? What harm has this caused you or are you just trying to pick a fight simply because you don't like her and would rather let him run in circles attempting to get insurance information and/or medical information regarding HIS son?
    Sorry CC but it IS a major violation for the girlfriend to be reviewing the files. It would be the same in my industry as well.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,237

    Default Re: Hospital Allowing Sons Fathers Girlfriend in Medical Record

    However, the recourse for a HIPAA violation is to report it to the US Department of Health and Human Services. There is no private right of action for it; nor will she be notified of what action has been taken against the hospital or the employee.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Hospital Allowing Sons Fathers Girlfriend in Medical Record

    Is there some reason the father cannot allow the hospital and as such the girlfriend access to his child's records?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,237

    Default Re: Hospital Allowing Sons Fathers Girlfriend in Medical Record

    ^^^None at all. He can provide written authorization for the girlfriend to access HIS child's records.

    But based on the info provided by the OP, that's not what happened. (It may actually be what happened if she doesn't have all the facts - I grant that.)

  7. #7
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Hospital Allowing Sons Fathers Girlfriend in Medical Record

    Her employer has found no violation and I doubt all of hospital administration is going to cover for her.

    - - - Updated - - -

    Quote Quoting jk
    View Post
    Is there some reason the father cannot allow the hospital and as such the girlfriend access to his child's records?
    NONE. Except to the control freaks of the world

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Hospital Allowing Sons Fathers Girlfriend in Medical Record

    I see the same thing. He asked as a parent for access to his sons medical records.

  9. #9
    Join Date
    May 2014
    Posts
    4

    Default Re: Hospital Allowing Sons Fathers Girlfriend in Medical Record

    Quote Quoting CourtClerk
    View Post
    What harm is it that dad has the child's insurance information (which he should have anyway), regardless of how he got it? What harm has this caused you or are you just trying to pick a fight simply because you don't like her and would rather let him run in circles attempting to get insurance information and/or medical information regarding HIS son?
    Well normally it wouldn't be an issue, if he paid child support and invested time in his sons life....he doesn't want to provide a secondary insurance for our son, he ddoesn't want to pay child support, or help pay anything my insurance i have on him does not cover....he wanted to try to get a medical card on him (which is not legal because he doesnt have custody of the child) because he doesn't want to pay for a secondary insurance. He was told by the judge last time we went to court he needed to get medical coverage by the end of March, which he failed to do, and he needed to provide pay stubs and tax information to determine support and has failed to also do that. So that would be why there is an issue...not because iI'm a monster who doesn't want this man to be a father.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,237

    Default Re: Hospital Allowing Sons Fathers Girlfriend in Medical Record

    And absolutely none of that is relevant to what recourse you have.

    If you believe that your son's medical privacy was violated, your one and only recourse is to file a HIPAA violation complaint with the US Department of Health and Human Services. They will investigate, and yes, they take such reports very seriously. IF it is found that all the proper authorizations from the child's father were provided, then nothing will happen. If they find that such a violation did take place, they will take whatever action they find necessary.

    YOU WILL NEVER BE NOTIFIED AS TO WHAT ACTION THEY TOOK, OR EVEN IF THEY TOOK ACTION. Nor do you have any private right of action at all. This is your SOLE option.

    If that works for you, have at it. If it doesn't, too bad so sad but that's all there is.

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