Portland, OR asked in Civil Rights, Constitutional Law and Health Care Law for Washington

Q: i think my privacy rights have been violated by Columbia River Mental Health, they helped me get housed.

i dont believe i signed a disclosure for them to discuss my addiction status with my potential landlord, I know that her and I said we didn't know why it would be important for them to know that information just to rent to me. all I know is that my second month rent wasn't paid and I got an eviction notice the lady from Columbia river mental health had gotten me the rent money of 1500 dollars, I deposited into my account and it had to clear before I could pay rent,, ok while waiting said lady must of went to my landlord and discussed my situation because I paid my rent on the 13th and then that evening I got a 2 day right to entry so they could do a housing inspection on the 16th they could .. at said inspection it was stated that she thought she had set me up by given me that money she thought maybe I went and used it on drugs. i was like no it had to clear. why would they come at me like that? now my landlord looks at me in a different light. not cool.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: I understand you're dealing with a sensitive and frustrating situation regarding your privacy and housing. Let's break down the legal aspects of your question:

1. Privacy rights and health information:

Your health information, including addiction status, is protected under the Health Insurance Portability and Accountability Act (HIPAA). Generally, healthcare providers need your written consent to share your protected health information with third parties, including landlords.

2. Potential violation:

If Columbia River Mental Health shared your addiction status or other protected health information with your landlord without your explicit consent, this could potentially be a HIPAA violation.

3. Landlord's actions:

The landlord's decision to conduct a housing inspection after learning about your situation might be seen as discriminatory if it was based solely on your health information or perceived addiction status. This could potentially violate fair housing laws.

4. Steps you can take:

a. Review any documents you signed with Columbia River Mental Health to see if there was any consent for information sharing.

b. Request your medical records from Columbia River Mental Health to see what information was shared and with whom.

c. File a complaint with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights if you believe your HIPAA rights were violated.

d. Consider consulting with a local civil rights or healthcare attorney to discuss your specific situation and potential legal options.

e. Document all interactions, dates, and details related to this situation.

5. Fair Housing considerations:

If you feel you're being treated differently due to a perceived disability (addiction can be considered a disability under certain circumstances), you may have protections under the Fair Housing Act. You could file a complaint with the U.S. Department of Housing and Urban Development (HUD) if you believe you've been discriminated against.

Remember, while this information provides a general overview, every situation is unique. It would be beneficial to consult with a local attorney who specializes in healthcare privacy laws and fair housing to get personalized advice based on the specifics of your case.

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