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  1. #1
    Kate1975 is offline Junior Member
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    Sep 2008
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    HIPAA Privacy Rule Violation?

    What is the name of your state (only U.S. law)? Minnesota

    Twice this year, two different nurses at my general practitioner's office have left information regarding exam/lab results on other people's voicemails. The first message was left on my co-worker's voicemail and another was left on my husband's voicemail. Both of these voicemails clearly state who you are leaving a message for. I confirm my number with the clinic each time I visit, but they still don't get it right. I have made phone calls to the administrator and someone in the business office, and they want to meet with me. Is legal action in order here?

    Thanks for your help.What is the name of your state (only U.S. law)?
  2. #2
    ecmst12 is offline Senior Member
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    There may be a violation here (or there may not, we don't have enough information and an honest mistake is not usually a violation) but HIPAA does not provide for any type of lawsuit or monetary recovery. You can file a complaint with the HIPAA board and they will investigate and re-educate the office, it's unlikely they will even impose a fine. If you suffered actual financial damages as the result of the disclosure, you could sue on that basis, for your actual damages only, but it would take many years and a lot of money to litigate.
  3. #3
    lealea1005 is offline Senior Member
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    Are you giving them a business number that requires dialing an extension? How is it that 2 different people, on separate occasions, are randomly getting your co-worker's or husband's voicemail?

    You can request, in writing to be placed in your medical record, that the Physician's office does not leave messages on your voicemail. Then make arrangements to call them for your lab results.

    Meet with the manager and asministrator. They can use your situation for future training.
  4. #4
    Kate1975 is offline Junior Member
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    Sep 2008
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    No, my business number doesn't require an extension. It was simply that they misdialed the number, but when they clearly got my coworker's voicemail, they still left the message. And my husband goes to the same clinic, so his number must have somehow been added to my information. I have told them to no longer call my work number, only my cell phone. But recent records show that my husband's number still hasn't been removed as the primary number. I will meet with them to straighten this out. Thank you for your helpful responses!

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