Back in 2004 I fell victim to intentional HIPAA privacy violations. My empoyers were told my medical information from my healthcare provider because they seen me working at the restaurant and they wree guests. Of course I immediately found out about the Department of Health and Human Services Office for Civil Rights and filed a complaint with them. It worked its way up all the way to the DOJ and I had someone from F.B.I. assigned temp. on the case. for potential criminal prosecution. After the DOJ declined prosecution, it was then referred back to OCR. They found multiple violations with this healthcare provider. I retained legal counsel, and they are planning on a lawsuit, thats been2 years in the making, set for sometime in December ("special setting").
My question is this, if HIPAA never provided a private statute to sue under the HIPAA policy, then what exactly can you sue for under Texas statutes and for what? "Intentional infliction of emotional distress", etc.?). I lost my job, car was towed due to no money from work, evicted from apartment, had to move and drop out of my masters degree program, and suffered a great deal of depression and emotional anguish. To this day I still can't believe the DOJ declined prosecution, considering this was anintentional release of my medical information meant for malice purposes. It was even a COUNTY JUDGE that released the info.!
Please give advice, explanation, helpful links, etc. I cannot find where a lawsuit was rendered and served under HIPAA online, and I am guessing that it is still relatively new to folks. Most don't know what HIPAA is or that there is an enforcement agency assigned to complaints.
Thank you, new here, and just looking for answers. Love the site!
Chris McKee,
Texas
