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Standsaboxer t1_j50rzyy wrote

Reply to comment by SnooDucks3584 in Protect HIPAA and hold those accountable by SnooDucks3584

Your friend should file a claim with the Office of Civil Rights.

It sounds very unfortunate but I am not sure what sort of “justice” you are wanting here. These get-your-pitchforks post tend to end very badly for anyone innocently involved with the guilty party.

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metalandmeeples t1_j50wmid wrote

The friend should get a lawyer if they don't already have one.

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Standsaboxer t1_j50yal0 wrote

They should but it won't help with the HIPAA violation. HIPAA does not allow for private action.

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metalandmeeples t1_j50za3w wrote

Not for the purpose of a lawsuit, but rather to assist with proving if HIPAA compliance was broken.

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Standsaboxer t1_j511ag6 wrote

If you watch the linked TikTok, Northern Light Health did an audit and found a couple of accesses that may have been less than legitimate, but its really unclear if these people are connected to OP's "friend's" ex. It also seems like all offending parties no longer work for Northern Light.

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metalandmeeples t1_j512d98 wrote

I guess my point is sort of in agreement with you. We aren't the experts here and none of our opinions really matter in the end.

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IamSauerKraut t1_j518zlr wrote

While HIPAA does not allow private lawsuits against the health provider there is no prohibition against pursuing damages for violations of privacy or device access laws (these are not part of HIPPA).

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Standsaboxer t1_j51a9px wrote

Please show me in the below statute where this is qualifies as violation of privacy:

https://www.mainelegislature.org/legis/statutes/17-a/title17-asec511.html

Also what "device access laws" are you referring to? Or is this going to be another exercise in reminding you how poor your understanding of the law is?

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IamSauerKraut t1_j517zv9 wrote

>Your friend should file a claim with the Office of Civil Rights.

A number of agencies, state and federal, have an "Office of Civil Rights," but I'm not sure what civil right would be involved. Releasing medical info to members of the public as alleged appears more of a criminal act subject to investigation/prosecution but the county DA or the state AG's offices.

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Standsaboxer t1_j518qrw wrote

> A number of agencies, state and federal, have an "Office of Civil Rights," but I'm not sure what civil right would be involved.

HHS Civil Rights. Sorry--I should have clarified that.

> Releasing medical info to members of the public as alleged appears more of a criminal act subject to investigation/prosecution but the county DA or the state AG's offices.

Is there a statute supporting that? My understanding is that handling of health information is entirely in civil law.

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IamSauerKraut t1_j51acad wrote

>My understanding is that handling of health information is entirely in civil law.

HIPAA is not the only law covering the release of prohibited (non-public) records. HIPAA is federal. State law appears more at issue, particularly device access. Some prosecutor's offices will pursue; others, not so much.

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Standsaboxer t1_j51fcqp wrote

The statute AG's office can bring civil action against the individual. County DA's don't have jurisdiction.

Also please provide some reference to "device access laws" you keep talking about unless you are pulling that out of your ass.

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IamSauerKraut t1_j52xhlk wrote

Since you don't "make lawyer money," I have my doubts as to your understanding of anything I post.

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Standsaboxer t1_j52z1iw wrote

Anytime you wanna prove me wrong with statutory references I am willing to listen. Otherwise I assume everything you say I assume is to tickle the feels before reals per of your brain.

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IamSauerKraut t1_j52zc77 wrote

When you go into a courtroom, do you confuse mens rea with diarrhea?

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Standsaboxer t1_j5320vk wrote

What?

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IamSauerKraut t1_j53cax4 wrote

You've never been in a courtroom or you do not know what a courtroom is, but you presume to lecture me on the law. huh

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