HIPAA - Illegal disclosure of Drug test results

What is the name of your state? Illinois.

I was in a serious car accident in which I was the passenger of a car that ran into a tree. The driver was charged with DUI. A drug test was done on me, which came up positive for marijuana. The results were disclosed to my family members and to the police. I am not a minor and did not authorize the hospital to give the results to anyone. I do not know why they gave the results to my family or to the police. I was not driving the car and therefore the police should not have been given any information on any drug test done on me. This has caused me much grief and embarrassment. This seems to be a clear violation of HIPAA. I know that I can file a complaint under HIPPA, but do I also have a civil case for embarrassment, grief, etc?

Contact your local Department of Health and Human Services Office of Civil Right Department in your area

HOW TO FILE A HEALTH INFORMATION PRIVACY COMPLAINT WITH THE OFFICE FOR CIVIL RIGHTS


If you believe that a person, agency or organization covered under the HIPAA Privacy Rule ("a covered entity") violated your (or someone else's ) health information privacy rights or committed another violation of the Privacy Rule, you may file a complaint with the Office for Civil Rights (OCR). OCR has authority to receive and investigate complaints against covered entities related to the Privacy Rule. A covered entity is a health plan, health care clearinghouse, and any health care provider who conducts certain health care transactions electronically. For more information about the Privacy Rule, please look at our responses to Frequently Asked Questions (FAQs) and our Privacy Guidance. (See the web link near the bottom of this form.)

Complaints to the Office for Civil Rights must: (1) Be filed in writing, either on paper or electronically; (2) name the entity that is the subject of the complaint and describe the acts or omissions believed to be in violation of the applicable requirements of the Privacy Rule; and (3) be filed within 180 days of when you knew that the act or omission complained of occurred. OCR may extend the 180-day period if you can show "good cause." Any alleged violation must have occurred on or after April 14, 2003 (on or after April 14, 2004 for small health plans), for OCR to have authority to investigate.

Anyone can file written complaints with OCR by mail, fax, or email. If you need help filing a complaint or have a question about the complaint form, please call this OCR toll free number: 1-800-368-1019. OCR has ten regional offices, and each regional office covers certain states. You should send your complaint to the appropriate OCR Regional Office, based on the region where the alleged violation took place


Region V - IL, IN, MI, MN, OH, WI
Office for Civil Rights
U.S. Department of Health & Human Services
233 N. Michigan Ave. - Suite 240
Chicago, IL 60601
(312) 886-2359; (312) 353-5693 (TDD)
(312) 886-1807 FAX

I have done it already, they are fast to reply back to you