What is my recourse if my HIPPA rights have been violated by my employer?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is my recourse if my HIPPA rights have been violated by my employer?

My boss directed me to see his doctor but then violated my HIPAA rights by talking to the doctor about my results. The doctor must be also be exposed to a violation for giving details to my boss, right? Subsequent to a Saturday appointment I got an e-mail from my boss (Monday morning before I even spoke to him) that states that he spoke with the doctor and per the results of my diagnosis he could never pay for that extensive of treatment. This doctor had told me to follow-up with him in a week, and my boss told me that I would have to follow-up with my own physician. My boss also looked at my medical insurance questionnaire and asked another employee to call me out directly on my supposed non-disclosure of a pre-existing condition.

Asked on November 2, 2010 under Personal Injury, Illinois

Answers:

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

Answered 10 years ago | Contributor

Unfortunately there is not a cause of action specifically for a violation of HIPAA.  You have no rights to sue only to file a complaint against the party or parties that you believe violated your rights under the law.  I know.  It is disappointing.  But that is the way it is right now. But it also sounds here like a form of discriminatory hiring practices by your boss and/or a way of denying you health insurance coverage which may in fact be against the law as it stands now.  I would seek consultation from an attorney in your area on these issues.  Also, speaking with the other employee and engaging him to essentially spy on you could be seen a a form of harassment.  Seek legal consultation.  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