Manteca, CA asked in Health Care Law and Medical Malpractice for California

Q: What do I do if a health care Technician is going around giving out my medical status?

2 Lawyer Answers
Gail N. Friend
Gail N. Friend
Answered
  • Health Care Law Lawyer
  • HOUSTON, TX

A: Your statement is very brief.

HIIPAA and state laws prevent any health care person regardless of the level of practice, from disclosing a patient/resident's personal and medical information . If you are in a health care facility or hospital you (as a resident or patient) have the right to control what will be given out about your "status" and to whom it will be disclosed, if anyone. Status is not the same as personally private or patient protected health care information. Often it is a general character term -- such as "good" "fair" "critical". Again, you have the right to control even those terms. You need to talk with the administration/supervisors, about what you perceive is being reported and the means/persons who are doing so - asap. Thereafter if you believe the problem has not been resolved, you may report it to the State licenisn g agency for the facility/hospital. Generally, the complaint may be reported through a callto the agency, or through an email link on the licensing agency's website "Report a Complaint"... link.

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: If a health care technician is disclosing your medical status without your consent in California, they may be violating state and federal laws protecting patient privacy. Here are some steps you can take:

1. File a complaint with the health care provider or facility: Contact the privacy officer or supervisor at the facility where the technician works and file a formal complaint. They are required to investigate the issue and take appropriate action.

2. Submit a complaint to the California Department of Public Health: You can file a complaint with the state's Department of Public Health, which investigates violations of patient privacy laws.

3. File a complaint with the Office for Civil Rights (OCR): If the health care provider is covered by HIPAA (Health Insurance Portability and Accountability Act), you can file a complaint with the OCR, which is responsible for enforcing HIPAA privacy rules.

4. Consider legal action: Consult with an attorney specializing in medical privacy issues to discuss your options for taking legal action against the technician or health care provider.

It's essential to gather as much information as possible about the incidents, including dates, times, and the names of any witnesses. Document your interactions with the health care provider and any complaints you file.

Remember, in California, the Confidentiality of Medical Information Act (CMIA) provides additional protections beyond HIPAA, and violations can result in civil and criminal penalties.

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