Medical records given to abusive ex-boyfriend

[kycat]

California - I have a Restraining order against the father of my infant child. We are in a custody battle and he also is facing a court date for violating the Restraining Order. I just discovered that he was able to get all of my medical records from Kaiser. He is legally able to get information about our child but I specifically requested that any information about me or about where my baby and I are currently living (hiding), not be released. They send him 200 pages of information about me that goes back to 1998, long before we ever met. What is my recourse? Kaiser claims that all of my information is linked to my child's and therefore available and that this is not a HIPPA violation

 

[xylene]

Kaiser is a piece of garbage company, so of course they are gonna feed you some line.

Contact a lawyer who specializes in HIPAA violations.

 

[Shadowbunny]

You can report HIPAA violations here: https://www.hhs.gov/hipaa/filing-a-complaint/index.html

Beyond that, other than moving and using a PO Box, there may not be any other recourse.

 

[xylene]

I would also contact the court that issued the restraining order.

 

[CdwJava]

I presume that dad has at least shared legal custody/responsibility over the child? If so, that would explain why he has access to your child's medical records.

What records of yours were attached to your child's medical record? Do you mean your address and contact info? Or, were YOUR personal medical records also somehow connected to your mutual child's records? I also have Kaiser, and I know that neither my nor my wife's medical records are intertwined with any of my children's. Our contact info is there, of course, but not any confidential medical record that would trigger a HIPAA violation. And, you say you informed them not to provide info where you or your child are currently living ... but, you write that he obtained historical info - no mention if they provided any current contact info. Did the information Kaiser provided to him indicate your current address?

Keep in mind that unless there is some specific language in the restraining order prohibiting otherwise legal conduct, the TRO/CPO (whatever it is) generally only precludes contact and not obtaining information through otherwise legal means. This act is probably not a violation of a typical TRO/CPO, but it might be worth running past your attorney just in case there is some nuance in the orders that stray from the norm.

 

[justalayman]

Had you filed a hipaa release at some point when you were involved with the guy? If so, has it been less than one year?