HIPAA and pill-popping

[quincy]

Bbeldon started a thread wanting to know if his coworker, a pharmacist, had violated HIPAA laws by commenting to others that Bbeldon was a "pill popper." He also wanted to know if he could take legal action against the pharmacist and the company that employed her. For some reason, Bbeldon deleted his thread.

The comment made about Bbeldon by the pharmacist was definitely unprofessional and, under some circumstances, calling someone a pill popper could be considered slanderous and lead to a defamation lawsuit.

Even when the comment is made about someone who is known to "pop pills," truth is unlikely to be a good defense to a claim of slander if the pills being popped have been prescribed and are being used as prescribed. The term "pill-popping" implies an overuse or an illegal or unauthorized use of drugs.

That said, it did not appear from what Bbeldon posted that his reputation was harmed by the comment or that he suffered any economic loss as a result. His company knew of the pharmacist's comment and Bbeldon made no mention that his job with the company was in jeopardy.

Without evidence of reputational injury or economic harm to support an award of damages, there is little reason to pursue a costly suit.

As to a violation of HIPAA, there are no private causes of action available for a person to pursue in the event of a HIPAA violation. Bbeldon's only recourse would have been a slander suit.

Here is a link to the US Department of Health and Human Services and "Health Information Privacy" for the benefit of Bbeldon and anyone else who may be confused as to what HIPAA actually covers:

http://www.hhs.gov/ocr/privacy/hipaa/understanding/srsummary.html

 

[LdiJ]

Bbeldon started a thread wanting to know if his coworker, a pharmacist, had violated HIPAA laws by commenting to others that Bbeldon was a "pill popper." He also wanted to know if he could take legal action against the pharmacist and the company that employed her. For some reason, Bbeldon deleted his thread.

The comment made about Bbeldon by the pharmacist was definitely unprofessional and, under some circumstances, calling someone a pill popper could be considered slanderous and lead to a defamation lawsuit.

Even when the comment is made about someone who is known to "pop pills," truth is unlikely to be a good defense to a claim of slander if the pills being popped have been prescribed and are being used as prescribed. The term "pill-popping" implies an overuse or an illegal or unauthorized use of drugs.

That said, it did not appear from what Bbeldon posted that his reputation was harmed by the comment or that he suffered any economic loss as a result. His company knew of the pharmacist's comment and Bbeldon made no mention that his job with the company was in jeopardy.

Without evidence of reputational injury or economic harm to support an award of damages, there is little reason to pursue a costly suit.

As to a violation of HIPAA, there are no private causes of action available for a person to pursue in the event of a HIPAA violation. Bbeldon's only recourse would have been a slander suit.

Here is a link to the US Department of Health and Human Services and "Health Information Privacy" for the benefit of Bbeldon and anyone else who may be confused as to what HIPAA actually covers:

http://www.hhs.gov/ocr/privacy/hipaa/understanding/srsummary.html

That was a very comprehensive, well thought out and well written post to give to someone who deleted their thread. Kudos to you for taking the time and effort to do that.

 

[quincy]

That was a very comprehensive, well thought out and well written post to give to someone who deleted their thread. Kudos to you for taking the time and effort to do that.

Thank you, LdiJ, for thinking my motives were pure.

 

[Proserpina]

Thank you, LdiJ, for thinking my motives were pure.

You have impure motives?!

While this isn't a "We love quincy" thread (it's not necessary since it speaks for itself) you are without a doubt one of the most respected posters this forum has ever encountered.

In fact, you have garnered so much respect that someone got so mad and jealous that he made a post on the interwebz for no reason other than to criticize and attack you in the most childish of ways.

(I tried to use a funny analogy and then the doggy needed to go out and I got distracted by a How-To video on Youtube and now I'm learning how to speak Giraffe ... )

 

[quincy]

... and now I'm learning how to speak Giraffe ...

Giraffes speak so quietly (or at a register lower than ours) that no one can really hear them. That is why you didn't right away hear my "thank you" to you, Pro. I said it in giraffe.