Austin, TX asked in Business Law, Civil Litigation, Medical Malpractice and Health Care Law for Texas

Q: Is a referral (from dr to psych) sent with clearly visible medical information written on it a HIPAA violation?

The letter has handwritten info clearly legible on the paper beside my address (inside the envelope, viewable through the little cellophane window). The note clearly says that it's a referral to a mental health professional. Anyone who saw that letter could possibly now know my medical information. I'm not really mad, but it's not cool. Is it a violation?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: Not necessarily--and if it is there aren't many remedies. Unless you have reason to believe someone read it it would be hard to prove any privacy case, but why not speak with a local attorney to see what they suggest.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.