HIPAA violation and child custody

[Oh85463]

North Dakota

Okay, I have been going through a child custody case with my ex and I have had a growing concern that my ex's mother, who is a nurse at my clinic, is looking at my medical information. I recently tried to request my access report-the electronic fingerprint on who has accessed my medical chart-and the privacy department has not gotten back to me for 2 weeks now. Initially, the privacy department was cooperative in starting the audit on my ex's mother, however, a few days later they called me and grilled me on why I was requesting this information, what exactly happened, and relentlessly questioned my intentions for wanting to know who has accessed my medical records. Since this has happened, I have left a voicemail requesting a follow up as I have a few questions-when can I expect to get the audit back, how will I receive my documents (mail?), and a few other things I forgot to bring up when we initially talked. I have gotten no response. I am under the understanding that failure to get me my medical records in a timely manner is also a HIPAA violation...

I know that this is a HIPAA violation but is there anything I can do for her intent to cause damage by reporting my medical records, say, to my ex for intent to interfere with our court. Could this also be defamation? What should I do?

Thank you!

 

[Just Blue]

North Dakota

Okay, I have been going through a child custody case with my ex and I have had a growing concern that my ex's mother, who is a nurse at my clinic, is looking at my medical information. I recently tried to request my access report-the electronic fingerprint on who has accessed my medical chart-and the privacy department has not gotten back to me for 2 weeks now. Initially, the privacy department was cooperative in starting the audit on my ex's mother, however, a few days later they called me and grilled me on why I was requesting this information, what exactly happened, and relentlessly questioned my intentions for wanting to know who has accessed my medical records. Since this has happened, I have left a voicemail requesting a follow up as I have a few questions-when can I expect to get the audit back, how will I receive my documents (mail?), and a few other things I forgot to bring up when we initially talked. I have gotten no response. I am under the understanding that failure to get me my medical records in a timely manner is also a Hippa violation...

I know that this is a Hippa violation but is there anything I can do for her intent to cause damage by reporting my medical records, say, to my ex for intent to interfere with our court. Could this also be defamation? What should I do?

Thank you!

Just want to point out it's "HIPAA". Not "HIPPA".

 

[FlyingRon]

Until it leaves the facility it's not a HIPAA violation. However, you have right to be concerned and to make those concerns known tot he provider as well as your own attorney, who will address if the information is mishandled in your legal proceedings.

 

[Zigner]

Until it leaves the facility it's not a HIPAA violation. However, you have right to be concerned and to make those concerns known tot he provider as well as your own attorney, who will address if the information is mishandled in your legal proceedings.

I disagree. Accessing medical records for personal use is definitely a HIPAA violation.

 

[FlyingRon]

I disagree. Accessing medical records for personal use is definitely a HIPAA violation.

That's pretty much what I said. Looking at someone's records isn't itself a violation. Using/disclosing that information outside the clinical environment is.

 

[Taxing Matters]

I know that this is a HIPAA violation but is there anything I can do for her intent to cause damage by reporting my medical records, say, to my ex for intent to interfere with our court. Could this also be defamation? What should I do?

Even if her viewing of your medical records had amounted to a HIPAA violation, that access of your information is not relevant to the issue of child custody. It does not inform the court on how good/bad parent either of you are, what the appropriate split of custody would be, or any other issue of custody. Don't include things in your custody dispute that are not relevant to the issues at hand. Judges hate that, and hate parents raising things just to attack the other. Keep the issues on those things that truly bear on matters of custody and what is in the best interests of the child.

Your ex simply looking at your records certainly would not be defamation. Defamation requires that she have communicated some false statement about you to some other person that damaged your reputation. Looking at records does not communicate anything.

 

[PayrollHRGuy]

@Taxing Matters It was his ex's mother and is concerned that something in the records will be used in court.

 

[Zigner]

That's pretty much what I said. Looking at someone's records isn't itself a violation. Using/disclosing that information outside the clinical environment is.

No, you misunderstand - the act of accessing the record(s) violates HIPAA.

EDIT: Of course, from a practical standpoint, if nothing is done with the information, then it might never come to anything, but in this case, the facility has already initiated an investigation. Even if they do nothing, the OP really doesn't have anything to work with unless the matter goes beyond the point of simply accessing it.

 

[Taxing Matters]

@Taxing Matters It was his ex's mother and is concerned that something in the records will be used in court.

If the ex ends up trying to use medical records that she obtained as a result of her mother's HIPAA violation then at that point he could file a motion to suppress the evidence as it was illegally obtained. And unless the medical information would have some relevance on the issue of custody an objection based on relevance could also be made.

But the mere fact that the mother looked at the records without more doesn't raise an issue for the custody proceedings.

 

[ajkroy]

In addition, the patient is entitled to one disclosure per year of everyone who has had access to her file. If the office is obfuscating, that is also in violation of HIPAA.

 

[quincy]

North Dakota

Okay, I have been going through a child custody case with my ex and I have had a growing concern that my ex's mother, who is a nurse at my clinic, is looking at my medical information. I recently tried to request my access report-the electronic fingerprint on who has accessed my medical chart-and the privacy department has not gotten back to me for 2 weeks now. Initially, the privacy department was cooperative in starting the audit on my ex's mother, however, a few days later they called me and grilled me on why I was requesting this information, what exactly happened, and relentlessly questioned my intentions for wanting to know who has accessed my medical records. Since this has happened, I have left a voicemail requesting a follow up as I have a few questions-when can I expect to get the audit back, how will I receive my documents (mail?), and a few other things I forgot to bring up when we initially talked. I have gotten no response. I am under the understanding that failure to get me my medical records in a timely manner is also a HIPAA violation...

I know that this is a HIPAA violation but is there anything I can do for her intent to cause damage by reporting my medical records, say, to my ex for intent to interfere with our court. Could this also be defamation? What should I do?

Thank you!

Here are links to North Dakota's Health Information Protection laws which make accessing and disclosing private health information a Class A misdemeanor:
https://www.legis.nd.gov/cencode/t23c01-3.pdf#nameddest=23-01p3-09
Chapter 23-01.3: https://www.legis.nd.gov/cencode/t23c01-3.html

Although defamation is not a civil action to consider if the information from the records is disclosed (and used as is with no defamatory comments added to what is disclosed), an invasion of privacy civil action potentially could be considered.

 

[Longsally1112]

That's pretty much what I said. Looking at someone's records isn't itself a violation. Using/disclosing that information outside the clinical environment is.

wrong. as an ER nurse, if I access someones medical records that I am not involved in their medical care, that is a violation, grounds for reporting to the nursing board and termination from my job. NO ONE can legally access someones records just because they want to look.....

 

[quincy]

wrong. as an ER nurse, if I access someones medical records that I am not involved in their medical care, that is a violation, grounds for reporting to the nursing board and termination from my job. NO ONE can legally access someones records just because they want to look.....

Disclosure to others is a greater legal problem than accessing the private records. It will be what is done with the information from the patient records that is liable to get the one accessing the records in trouble.

 

[Zigner]

Disclosure to others is a greater legal problem than accessing the private records. It will be what is done with the information from the patient records that is liable to get the one accessing the records in trouble.

I disagree (kind of). Accessing the records can cause repercussions just as much as improperly utilizing the information. Of course, as I was trying to convey above, if one takes a peek and doesn't do anything with the information, then the chances of being caught are much slimmer, but once caught, improperly accessing the records can, in many cases, have just as severe consequences.

 

[quincy]

I disagree (kind of). Accessing the records can cause repercussions just as much as improperly utilizing the information. Of course, as I was trying to convey above, if one takes a peek and doesn't do anything with the information, then the chances of being caught are much slimmer, but once caught, improperly accessing the records can, in many cases, have just as severe consequences.

Under the North Dakota Health Information Protection law, it seems to be disclosure that is the problem (a Class A misdemeanor).

There can be several legitimate reasons for accessing records without patient authorization.

Of course, hacking into health information data bases is a problem of a different sort than what is discussed here.