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My medical records and HIPAA

Discussion in 'Legal Edge' started by Meowlistenhere, Jan 23, 2013.


    Meowlistenhere Active Member

    I have a major problem that i hope some people here can help me out with concerning my medical records. I am a medical marijuana patient and my regular family doctor is also aware of this and actually supports my use to control my pain issues. Everything was fine until i found out that my sister in-laws who both work in the medical field, decided to do some snooping into my medical records. They found out im a regular user of cannabis because of past blood work and tox screens and his notes im assuming, and i am not sure what else. They also now know of my past use of narcotic pain killers and everything else you can only imagine. I have basically been at war with my in-laws for the past 20 years, and now they have decided to cross that line trying to dig up any type of dirt they can. They truly are all fucking crazy!! The majority of both sides of my family are hardcore against the use of any type of drug, legal or illegal it doesn't matter. This medical records shit has basically put me in a living hell for the past two weeks, and has permanently changed my relationships with my relatives. Btw...my wife supports my use of anything i choose to use to help with my pain, and she is a strong supporter of marijuana and also supports the fact that i might ruin both of her sisters careers by going after them using HIPAA regulations. I have never went after my in-laws over anything over the course of all these years, iv been sitting back and taking it. But now it's game on mother fuckers. My question to you all is how do i go about proving that they accessed my private medical records? I am in the process of finding the right type of reputable lawyer right now, and i for sure will not let her family know what i am doing, or the hospitals they work at. Do i contact HIPAA or just let the lawyer take the necessary steps. I'm guessing that every time someone looks up a record in the system, there must be a history of who looked it up with dates and times? I know people in the medical field go down for this shit all the time, and usually end up with criminal charges on top of being terminated. My problem is that i am just lost and i honestly don't know where to start to get this rolling. Is there a way for me to find out WHO looked up what,when and where, before i even get a lawyer involved? Pulling my own records wont help. I need to know and see for myself WHO exactly looked at them. Stressed out to the max. Any help on this would be greatly appreciated.

    FranJan Well-Known Member

    If they were looking at your records electronically, it is in a log somewhere on the computers involved and a lawyer can get the ball rolling on getting those computers records or even getting the computers seized if they are good enough. But you don't want to go down that road. You will not just ruin their careers, they will be sent to jail for something like that and perhaps even be made an example of for breaking HIPPA laws. Also you'll be including people who have nothing to do with your family problems. And right now with the "forced" transition to electronic medical records going on they will be made examples of so we can all feel safe about our records. Get a lawyer who specializes in medical liability with a good knowledge of HIPPA laws and have him threaten the shit out of them. Show them the error of their ways, but don't press charges, then you'll be the bigger guy to everone and have a big fat hammer over their dumbasses. Especially good if they're the harpie kind of in-law who starts shit every few months. Jail keep a motherfucka in check 9 times outta 10 :). Good Luck.

    tumorhead Active Member

    How did you find out they looked? Word of mouth I assume?

    I'd say HIPAA will have it's own means of investigating, which costs nothing to you, unlike a lawyer. They take it serious.

    Meowlistenhere Active Member

    The thing is, i don't care about getting money from them or threatening them. I want them fired. I want them to not ever be able to work in that field ever again. I'm not out for revenge. I really should be because of how many times they have hurt my family through the years, but i have always taken the high road and kept myself from falling into there bullshit games. I even went as far as relocating my family 300 miles away from them. We try to live a stress free life as much as we can. My privacy is very important me,and they know that. I hope they do get locked up and never have access to mine, or anyone else's private information ever again. They need to learn that they just cant screw with peoples livelihood and do anything they please to other people without facing serious consequences. I did find out online that i have the right and am able to find out who exactly has pulled my records. But i cant find a source telling me "how". I'm going to wait a few weeks and see if anyone else on here can help me. Maybe someone with some inside knowledge. Thank you for your time fran. Much appreciated! :peace:

    Meowlistenhere Active Member

    They came at me out of the blue with all kinds of shit from my past medical history in detail. When my wife got into it with them, they told her they looked. They know dates, doctors, they know ALL my past medical history. Combined electronic medical records. One is a registered nurse who just finished some schooling to become a P.A. or N.P., i forgot. And the other is x-ray tech. Both work at huge hospitals and have easy access.

    ru4r34l Well-Known Member

    LOL, your posts suggest revenge as the motive. ;-)

    As posted previously file an official complaint with HIPPA and let them deal with it.


    FranJan Well-Known Member

    HIPPA is not a group but a set of Federal laws that define privacy standards. You can go here for more info, http://www.hhs.gov/ocr/privacy/ and make a complaint, but I would talk to their employers first who will almost certainly shit can them if they can corroborate any of your claims. There employers will take it very seriously and may take them to court or file complaints for/with you. They will probably lose their licenses, certainly the tech will who should know better. They will also be exposed to Federal prosecution if you make a formal complaint. Including their employers, who at that point will try to get as far away as they can from your in-laws actions.

    If you do ask them questions from HHS, don't use real names or try to make it sound like you're just trying to understand some rules and want to know how far different medical personnel can go into your files. This is scorched earth territory if you talk to the Feds. The people they work for will get in BIG trouble too.

    Best bet is to talk to a lawyer or two. They will show you where all your actions will lead.

    Meowlistenhere Active Member

    I guess "game on mother fuckers" does sound a little like i want revenge lol. Guess it was the mood i was in when i started this. I'm only human. When someone barges into your life and shreds your privacy and fucks with your family, its hard not to want to hurt them back. I don't consider it revenge by me wanting them to pay for there actions using the laws that were set up to protect anyone from this type of thing. It's a reaction. I COULD be dirty and take "revenge" into my own hands by pulling some illegal shit back at them. But in 20 years that has never been a "motive" of mine. If someone breaks into my house and i call the cops and have them arrested...is that revenge? Once i get a lawyer involved and HIPAA involved..there's no stopping it. This might stop them from ever screwing with me again, or it will start a shit storm between us that will never end. I have more of a conscience than my in-laws do. This crap probably isn't a big deal to most people on here, but it's life changing for me and anyone else involved.

    fg2020 Active Member

    Firstly, take the time to document as much as possible: all names, dates, times, and disclosures that you can possibly recall. Secondly, I would take the complaint directly to the institutions where the crime occurred and inform them of your findings. See what they do about it, this could save you lawyer fees. If lawyer fees are not an issue, then find one that has experience in this particular area or you will waste a lot of money listening to idiot lawyers blow smoke up you ass.

    My opinion, burn those motherfuckers to a crisp.

    Meowlistenhere Active Member

    Thanks for your input buddy. Things are getting worse. Some people are truly just full of hate. I feel more and more everyday they deserve what they have coming. :wink:

    Meowlistenhere Active Member

    Will do. Thank you for your time and info Fran.

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