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Your Medical Records Are Private

TMZ had a recent article saying how employees of the hospital where Lamar Odom was taken after his overdose issue were trying to take pictures of him and access his medical records. When the people who ran the hospital got wind of it, they fired the employees on the spot:
Lamar Odom was betrayed by several staffers at Sunrise Hospital in Vegas, and we've learned they've been summarily fired. 
We're told the workers were all trying to sneak a photo of Lamar as he fought for his life inside the hospital. Our sources say some of them tried to access his medical records, in violation of HIPAA rules.
Good. Would you go to a hospital or clinic or other medical provider whose employees disclose your medical information to others?

 The federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) imposes severe monetary fines and even jail time for people accessing patients' medical records without their consent. 

 And people do go to jail for this. Just last February, an employee at a Texas hospital who improperly accessed others' medical records was sentenced to 18 months in prison.  A few years ago, a doctor was sentenced to 4 months in prison for improperly accessing people's medical records. 

 The federal government enforces the monetary fines and criminal part of HIPAA, after the victims file a complaint. So you can't sue under HIPAA, but you can sue the wrongdoer under similar New York state privacy laws, including suing the employer of the wrongdoer for, e.g., negligent supervision and other lack of controls. 

 This office has successfully handled such cases in the past. If you believe someone has improperly accessed or disclosed your medical information, contact this office at 516-252-9500.



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