N
NoOneYouKnow
Guest
What is the name of your state? Ohio
Four days before my marital dissolution/divorce hearing, my ex's attorney told my attorney that I "was running all over town getting copies of medical records" for a veterans disability pension. Since I never gave my ex or her lawyer a release to access any of my medical information, it's obvious this information reached her attorney via an illegal method. The copying issue is true, but was requested by a government agency and all done by mail. The ex was not involved in the issue. No one knew of the request other than the government agency and the medical practioners making copies.
I'm curious:
1. Is this a HIPAA violation since HIPAA does not protect just medical information in computer systems, but all "personal health information", even that heard in the medical office environment?
2. Is this receipt of stolen property (medical information not authorized for disclosure to these two people and medical information considered privileged under the Ohio Revised Code)?
3. Is it conspiracy to steal information?
4. Does this have potential for an invasion of privacy lawsuit issue against the ex's attorney since he obviously admitted he was aware of information regarding my medical information which is protected by HIPAA?
5. Is this a criminal case on the state or Federal level?
6. Is this a violation of the legal profession's code of ethics to use legally protected information without authorization?
7. Who do I make a complaint with, my local prosecutor, the US Department of Health and Human Services under HIPPA, the FBI, the local bar association?
Thank you.
Four days before my marital dissolution/divorce hearing, my ex's attorney told my attorney that I "was running all over town getting copies of medical records" for a veterans disability pension. Since I never gave my ex or her lawyer a release to access any of my medical information, it's obvious this information reached her attorney via an illegal method. The copying issue is true, but was requested by a government agency and all done by mail. The ex was not involved in the issue. No one knew of the request other than the government agency and the medical practioners making copies.
I'm curious:
1. Is this a HIPAA violation since HIPAA does not protect just medical information in computer systems, but all "personal health information", even that heard in the medical office environment?
2. Is this receipt of stolen property (medical information not authorized for disclosure to these two people and medical information considered privileged under the Ohio Revised Code)?
3. Is it conspiracy to steal information?
4. Does this have potential for an invasion of privacy lawsuit issue against the ex's attorney since he obviously admitted he was aware of information regarding my medical information which is protected by HIPAA?
5. Is this a criminal case on the state or Federal level?
6. Is this a violation of the legal profession's code of ethics to use legally protected information without authorization?
7. Who do I make a complaint with, my local prosecutor, the US Department of Health and Human Services under HIPPA, the FBI, the local bar association?
Thank you.