Is this a litigatable HIPAA violation?

[Guest corgi]

I scheduled an appointment with the Social Security Administration on behalf of my sister (who had recently suffered a stroke) to determine what benefits she might me eligible for. When we entered the Federal facility, an uncle of mine who likes sticking his nose where it doesn't belong, decided to go to the appointment early and began explaining to one of the security guards assigned to the office, and others who worked in the office, that I wouldn't be a good person to help my sister because I was "on methadone," information that he'd gotten from my not completely mentally well sister on an earlier visit to her nursing facility. The truth is, I am prescribed methadone for chronic pain, and have been for a number of years. Has my uncle violated HIPAA regulations by arbitrarily devulging my prescripted medications in an attempt to marginalize my reputation with a Federal office? If so, is this actionable by myself? What woould be my next step? Thanks for any help.

[GBurns]

The prosecution of HIPAA violations is done by the Federal goverment.

In any case there would probably only be prosecution if there was some quantifiable harm. In this case, I have to ask, What harm was done to you? It seems there was no harm because you did not say that you were either denied the appointment or prevented from doing what you went there to do.

If there was prosecution, I would think that your sisiter would also have to be prosecuted, but then that raises the question of how did she know of the methadone. If you told her and she made no agreement regarding confidentiality, then she would be free to tell your uncle, which would mean that you were the one at fault for making the information public, in the first place. Should you then seek to have yourself sued for defamation or prosecuted for a HIPAA privacy violation?

[jeanine]

HIPAA applies to Covered Entities and their Business Associates. The uncle is neither.

[Guest corgi]

I don't represent myself to know a whit about the HIPAA guidelines, but the above statement appears to take HIPAA to the narrowest extreme in its application. When I as a friend of someone who needed medical attention called a state administrated insurance program and tried to represent my friend's need for attention, I was told they couldn't talk to me because of HIPAA restrictions. I was neither a "covered entity" or "business associate," but obvioulsy only one private citizen acting on behalf of another.

I know there's a lot of confusion over what the HIPAA regulation encompasses, but it seems to come into the conversation arbitrarily to very subjectively cover any number of seeming abuses. Please point me toward a web presenc e that can give me specific information concerning the situation I'm dealing with today, if you know of its existence.

[Belgarath]

Corgi - like you, I know nothing whatsoever about HIPAA. But since you don't appear to agree with the advice of the previous posters, here's a website that should give you more information than you ever wanted to know.

http://www.hhs.gov/ocr/hipaa/

[jeanine]

Health plans, health care providers, and health care clearinghouses are covered entities. HIPAA limits how they can use or disclose individually identifiable protected health information that they have in their possession by virtue of the fact they are a health plan or a provider. They can't divulge any information to you (as in your example of wanting to assist your friend) without your friend's authorization. The SSA can't disclose to you either without your relative's authorization, nor can they disclose information to the uncle. However, no one, including the SSA or any health care provider can stop a non-covered entity from telling them something. Whether they believe it or not is another story.

[jsb]

I agree with others that HIPAA really doesn't apply here. You may have some other action against the uncle for violating something (your privacy, civil rights, or whatever) but the apparent truth of the statement (notwithstanding the motive) may make it difficult for you to pursue a successful claim. An attorney in your area could probably best direct you.

Your sister is lucky to have a brother who is willing to help out in her time of need, even if she doesn't recognize or appreciate it, and especially when you are also having to deal with others who are trying to make it so difficult. God bless you.

[Steve72]

jeanine is absolutely correct. HIPAA is extremely narrow in its application.

Corgi, you were told that you couldn't receive information due to HIPAA. Covered entities are restricted from disclosures, not receipt. The entity from whom you were trying to obtain the information was restricted due to its covered entity status (insurance providers are considered "health care plans", which are covered entities).

[Guest corgi]

Thank all of you for your help. I think you've all given me good information. I also have come to believe that I'm not going to make much headway with the HIPAA angle. I'm going to have to find another civil right clause my uncle has violated in disseminating my private pharmaceutical status to those in the SSA office. Even at that, I have to jump through a lot of federal hoops to get the statements of the people in the office that prove he gave them this information. I'm just trying to stop these people (my relatives) from vindictively trying to thwart my efforts on behalf of my sister. They're just old and have too much time on their hands. They're still trying to tell me I'm not being forthcoming regarding my drug use back in the sixties, obviously over 40 years ago now. That's an example of how petty these people are. Thanks to everyone, again.