National Pharmacy violated HIPAA

[moandlo]

What is the name of your state (only U.S. law)? Florida.
How do we go about finding a lawyer/firm not scared of local or state law enforcement to sue a national pharmacy for violating HIPAA? They gave ALL of our prescription information to them WITHOUT a subpoena or search warrant.What is the name of your state (only U.S. law)?

[Some Random Guy]

They gave ALL of our prescription information to them WITHOUT a subpoena or search warrant.

Who is 'them'?
Is 'them' in any way providing medical services to you?
Is 'them' a subsidiary or joint venture of the pharmacy?

[CdwJava]

HIPAA is also subject to modification based upon state law. here is a summary of the exceptions under Florida state law with regards to access to info by law enforcement:

* In response to a court order, subpoena, warrant, summons or similar process;
* To identify or locate a suspect, fugitive, material witness, or missing person unless the medical information pertains to a non-published patient;
* About an individual who seeks or receives medical treatment for a gunshot wound or life-threatening injury which indicates an act of violence;
* About a death we believe may be the result of criminal conduct involving the pharmacy
* About criminal conduct at the pharmacy; and
* In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.

I cannot find the exact code sections, but I imagine an attorney can.

So, what crime have you been charged with as a result of this information being released? If it involves prescription fraud or some sort of "doctor shopping" it may fall under one of the exceptions. What does your attorney say?

Oh, and if there is a valid suit to be had, most attorneys are not "afraid" of state and local law enforcement. If they have a good case, attorneys will line up at your door. However, many HIPAA violations are covered under relatively small prescribed statutory fines, and attorneys may not be enticed by these less than grand sums.

- Carl

[moandlo]

"Them" = Walgreens Pharmacy (employees) gave it to state law enforcement. The officers asked for and received all of our prescription information WITHOUT a subpoena or search warrant. Then the officers based the rest of their "investigation" on the illegal information they received.

[Blue Meanie]

Originally Posted by moandlo

"Them" = Walgreens Pharmacy (employees) gave it to state law enforcement. The officers asked for and received all of our prescription information WITHOUT a subpoena or search warrant. Then the officers based the rest of their "investigation" on the illegal information they received.

What crime are you being charged with?

[CdwJava]

Originally Posted by moandlo

"Them" = Walgreens Pharmacy (employees) gave it to state law enforcement. The officers asked for and received all of our prescription information WITHOUT a subpoena or search warrant. Then the officers based the rest of their "investigation" on the illegal information they received.

They may not have needed a warrant or subpoena - it depends upon the details of the investigation. If this is possible prescription fraud or some related offense, it is very likely the police can obtain this information without a court order. Not being from Florida, I can't say what the exceptions might be, but understand that each state has laws that modify HIPAA slightly to one degree or another and most allow cooperation with law enforcement in many areas.

To echo Blue Meanie, what crime(s) have you been charged (statute numbers, please)? Do you have a criminal defense attorney yet? Has he said you have a HIPAA violation claim?

You do understand that a lawsuit for a HIPAA violation really won't effect the criminal side, right? Even if the outfit should not have released the info to the police, that is not necessarily going to mean the state can't use it against you since it is likely that they did nothing wrong by asking for it.

- Carl

[FlyingRon]

If you were perpetrating prescription fraud, disclosure is NOT protected by HIPAA. As a matter of fact, if there was suspected crime involved here, the pharmacy may indeed have a DUTY to report rather than a prohibition.