Were copies of prescriptions obtained by my employer a Hippa violation if there was no reason to suspect any wrongdoing?

Get Legal Help Today

 Secured with SHA-256 Encryption

Were copies of prescriptions obtained by my employer a Hippa violation if there was no reason to suspect any wrongdoing?

I am an RN in the ED. After a random UDS, I submitted RX’s of medications I take. One of these were given to me by a doctor that I work with. When the hospital saw that the RX was written by an ED doctor, they called the pharmacy that I go to and obtained copies of all the prescriptions the doctor had ever written for me (about 7 over a 4 year period). They approached the doctor and to protect his own license he denied writing any of the RX’s. I was then accused of forging the RX’s and fired. Was this a HIPPA violation – obtaining copies before fraud was substantiated? There was no reason to suspect forgery prior to the doctor’s denial.

Asked on January 18, 2011 under Personal Injury, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Something here is not right.  Violating HIPPA requires that there be some type of transmittal of your health information that is protected under the law without a valid release.  The law applies to "covered agencies."  I believe that there was some violation her and that the hospital misused their authority to request information of the pharmacy who should have checked on this before giving the information over.  I think that you need to seek help from an attorney and discuss not only the HIPPA Violation and filing a complaint but a violation of your right to privacy and a breach of duty cause of action as well as a violation of employment rights.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption