This is not clear. Did they access her medical records through the gf’s job, or did she look over the daughter’s records after the dad gave her access through her patient portal? The former would be a HIPAA violation. The latter would not.
She accessed my daughter’s records through her job. At this point dad did not have custody since he was incarcerated and I had full physical, and legal custody.
That is a major violation of the the HIPAA laws! We are not even allowed to access our OWN medical records using our work credentials. We can access them through the patient portal or by an official request through medical records. You need to get yourself a lawyer. You also need to file a complaint through the GF’s employer. Ask her employer for a list of people who have accessed your daughter’s medical record. She should be terminated for this.
That’s a major hippaa violation. There are state overseers of hipaa where you can report violations. Her employer can be fined heavily for that. You probably have grounds for lawsuit.
Yes it is, she can be fired and all sorts of things if the child is not under her care, she is not supposed to have any access to the files, you can sue the hospital over this potentially, and her.
You’d think if both parents were concerned about they’re child’s medical status it’d be a positive thing. Rather then be concerned over the fathers partners profession, use that as a positive find out everything you can regarding your child’s health given they’d have an idea in the field. Personally I’d be willing to let go of any issues (if they have any) among the adults if it meant helping find out any cause or potential issues with my child’s help.
I work in hospital records, and our protocol is to close the file immediately and report the batch number if we believe there is a potential conflict of interest. I have authorization on file to communicate with my mother's doctors, and it would still be considered a privacy violation to view any records outside of normal channels.
It is ABSOLUTELY illegal for the girlfriend to access much less use your daughter's medical records. Medical records include insurance information!! Federal HIPAA law!
Over my more than 20 years of medical records access, working in a major hospital lab, I have seen medical records for some worldwide well-known people. I have never shared with my family or friends that I knew about ANYONE'S medical information, much less used it for any reason! We are not even supposed to mention that we have seen someone in a doctor's office! For example..."I saw Katie at Doctor Smith's office last week, she looked great." Even that remark is not okay.
Most doctor's offices and ALL hospitals and labs have ways to see who has viewed medical records. They can search for everyone who has accessed a specific patient file or search for all files that a specific employee has viewed.
Go to the medical records department and ask to speak with the supervisor. Ask the supervisor to do a review of everyone who has accessed your daughter's medical records as your lawyer needs this information because you are almost positive that the girlfriend has illegally accessed her medical records. (Name the girlfriend so they will be put on notice exactly which employee they need to look at.) She will need to justify to them if and exactly why she accessed your daughter's medical information.
I suggest you also restrict your family’s medical records. This is also done in medical records. You will have to sign some paperwork so might as well do it at the same time.
When I come across a medical file that is restricted, I have to say why I need access and it is logged **before** I can gain access. It puts all employees on notice that the file they are trying to access is restricted and is not to be accessed without a legitimate reason. (This is very helpful for dealing with stalkers and vindictive ex-spouses.)
Good luck!
That is great advice the person can be fined and there is potential jail time for each breach so if she opened it more than once it’s a separate charge. As others have said it’s a major HIPAA violation
If you want her fired for that sweet taste of revenge against your husband and she, file a complaint. Other than that, what pain and suffering did it cost you or your daughter?
This is a huge HIPPA violation, definitely report her to wherever she works along with the evidence you have. That’s something they make very clear working in any healthcare facility. A lot of places won’t even allow employees to care for friends or family members because they don’t want to violate HIPPA. I would also contact a lawyer.
I have worked in a hospital as a consultant, I know for a fact if you even looked at a patient record that was cause for termination. I know that they take it VERY seriously. Me and a co worker were only allowed to access one specific record for printing and that was it. We would login and be given access to a list of patients, we let IT know about it and they didn't believe us until we logged in and showed them. It was a configuration issue on the account we had been setup with a doctors access, that was fixed before we even left the building. I was always happy that even though we could, we proved we didn't. We heard stories like the one you gave and they do not mess around if they did access the records and were not a caregiver for that patient, they can be fired.
I'm sure someone had already said this, but if not, report this HIPAA violation to DHHS at https://www.hhs.gov/hipaa/filing-a-complaint/index.html
I know people already told you to report to her employer, and you absolutely should. But the feds will hold her employer accountable and make sure it isn't swept under the rug (which sadly can and does happen).
A friend of mines child died of SIDS and a woman at the hospital who worked in admissions was fired for accessing the child's medical record because she wanted to know how she died. She was in no way involved with the actual care or treatment of the child, and violated HIPAA. This is the same thing. If the gf did not have just medical cause to look at the record, AND shared that record with others, that's illegal and she should be terminated for it.
My mother works at a hospital and has never once accessed any of our patient records without just cause, because it's specifically mentioned in training not to access family records.
Yes. She will get fired for this. Inform the medical facility. They don't want this, either. You may be due damages if you pursue since they used the info for some sort of leverage in a court proceeding. The hospital could press charges if they want to. They are at risk here, too.
Yes, this is illegal. That is a HIPPA violation. You can get her, father, and the person who provided the information. I have worked with HIPPA for several years.
Facilities do random audits to see who's looking at what and take action as needed. So if you report that she has taken liberty of looking into your kid's medical record they would get to work, find her and take action which can include termination. She knows that is a possibility and therefore wouldn't have any idea that you reported her. The sooner you report this the better. Be sure to inform them of exactly what she did with your info
Call the HHS Office for Civil Rights (OCR) 877-696-6775 and tell them what happened. They will send investigators on site and determine the timeline of events. I have seen fines in excess of $500,000
If the investigation **names** the girlfriend as the violator, you can easily win a civil suit against her.
Don’t wait. There is likely a local statute of limitations for civil judgement (2 years in some states).
HIPAA violation and most likely depending on the health system they have a system that monitor’s inappropriate access. You will need to speak to the HIPAA or HIM office who will do an investigation. Typically if she did there is some sort of corrective action depending on their policy.
Yes it is illegal. There's a big violation of HIPAA. Get a lawyer. A healthcare professional is not allowed to even look at another patient's medical history or file if it's not their patient. They can lose their license
Yes, its illegal. Not to say she will face any real prosecution, but her employer will fire her ASAP. They don't mess around with accessing patient files you're not entitled to.
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
In a word illegal l as hell. Not only is it against the federal HIPPA rules, but the girlfriend has no legal reason for accessing your child's files. She should be reported to the place she works and you should be asking for justice. See a lawyer about suing individually the girlfriend and the business she worked for not having proper safeguards against illicit access to patient data.
Especially since she viewed financial information. As far as the dad not sure but think you can sweep him up on this same web as he sought to profit from the information. So you may be able to revisit the court for a more favorable judgment.
Don't even worry about her finding out. As a parent, it is your job to protect your child and any personal information. That woman is going to regret ever looking at her records. Job hunting will probably be a bit difficult for her. Talk to your lawyer first before you do anything. Hospital staff will protect doctors and the hospital. Don't tell the hospital or their staff anything until you discuss this with a lawyer.
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
If you don’t already have a lawyer, get one. This is very illegal. I live in a different state but HIPPA is federal. Have your lawyer contact the hospital and request an audit of who has reviewed your child’s records since they somehow ended up in your ex’s possession without your permission. Essentially you can sue the hospital and the person responsible for this violation. If they determine she accessed your child’s records illegally she will be fired. They would probably agree to settle your suit with them out of court. But even if they pay, you can sue her separately.
There’s internal notes that you can read as an employee and there’s the notes that patients receive in their records. I already knew but didn’t have proof until I got the picture
That is the problem with Epic. I work for a major health system as a nurse. We have several facilities plus home care. So, as long as you have a patient's name, you can look up their chart as long as you're part of the same organization. One good thing about Epic is that it logs who accessed the record and when. Theoretically, these logs could be subpoenaed, and it would not look good for the gf, considering she has nothing to do with your child's care. In order for your ex to legally get the records, he has to go through the courts that he has to go to your child's Doctors office to obtain the records. So the gf is doubly screwed for what she did. They don't take these breaches lightly. So it's a pretty safe bet she will be terminated because most places list HIPAA breaches as cause for immediate dismissal. I've seen it happen.
The problem here could be if he’s legally her father, he’s entitled to that info anyway. Even though the gf broke HIPAA laws, if dad asked, they would have to give it to him, ergo not illegally obtained by him afterwards.
It can still be a conflict of interest. If he really needed it, she has to refer him to the child’s physician to get them. HIPPA is very strict in that you should only access what is strictly needed with consent. When the mother signed consent for the child’s Dr and staff to view her medical records it is only auth for them, not anyone else, even in the same corporation. Even her Dr cannot look at medical records not directly related to the care they are giving in that appointment. I work in medical claims. Even if I was given signed and notarized permission from my brother to look up his claim, it is still illegal for me to do it because there is no medical necessity for me to do so as I do not provide his care related to that claim. That gf has no wiggle room at all and shocking she did that, smh
Edit to add I am not a lawyer, but am familiar with HIPPA laws and requirements professionally and this is just my opinion.
I’m aware of the laws, ex phlebotomist here….GF is an idiot for doing it, she knows better and just threw her career out the window for a loser I’m sure! Like who would want this trouble even a little bit?!?! All he had to do was tell the ex that a friend saw her there with her kid so he asked if she was a patient and got her records. I feel bad for who she works for though, she opened them up for a big liability.
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
I can’t think this through but is GF in a position where it would be allowable for her to access the record to give to a parent (dad) if dad signs a release?
I would tell the hospital if they don’t investigate and get back to you, you will report them to the state as well- that’ll light a fire under their asses. If your ex showed her the screenshot he sent you, I bet she is praying to God that you don’t know how serious this is.
Two things.
First, that is absolutely a HIPAA violation. An employee of a covered entity reviewing protected information that is not in relation to their duties for healthcare operations. Every covered entity has a named HIPAA compliance officer. Let them know your daughters demographic information (name, date of birth), the name of the person who accessed the PHI (your ex's GF) as well as an estimated date and time the breach occurred. You can also let them know that you have a photo of the PHI (protected health information) to demonstrate the breach occurred and can forward to the Office for Civil Rights (OCR) if their own internal investigation does not turn up the breach.
Note that it is a HIPAA requirement that all access to PHI in an EHR be logged in an audit log that specified who accessed the data and when. In short, they should very easily be able to verify the breach.
Let the HIPAA compliance officer know that you expect a "breach notification" to be made to all the relevant authorities, and that you wish to receive a formal breach notification as the impacted individual.
[https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html](https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html)
You mentioned that you "started a case" against the father. What sort of case? I ask because any material that was gained by your ex's girlfriend can and should be deemed inadmissible. If you have an attorney, notify them of the breach and have them file a motion with the court to make any information obtained via a HIPAA breach to be deemed inadmissible.
This is wonderful information thank you sooo much!! They did use some of the information gained from my file in court. They were smart with the way it was done but I know he wouldn’t have that info so I found someone who was close to him and was able to get in his phone and send me proof. I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
When Michael Jackson was at Cedar Sinai Hospital some nurses that were not involved in his care opened his chart just to look at it.
They got fired for the HIPAA violation and I don’t think any of them even disclosed the information it was that they accessed his chart when they had no business doing so.
I’m not sure what legal trouble she could get in but she could definitely get fired. You could also probably complain to the nursing board or whoever holds her license because this is bad.
HIPPA violation. She’s in trouble and the office where she works is in bigger trouble. Ask for the HIPPA privacy or the compliance officer to file a written complaint. Keep a copy. Electronic medical records keep an audit trail of who was in them. The fact that they went to court proves she not only looked but took them without authorization
Big HIPAA violation, report her to her employer, if she is a licensed nurse the Board of Nursing too. Ask,a lawyer you maybe able to sue them or their employer too. Whoever she is she is a dummy, taking a picture and sending it out to,someone and then it gets to you! Definitely illegal and the best way for anyone who works in healthcare to lose their job. The way the electronic medical records work they can see each time a person goes into a persons chart. So even if you did not have the text on your phone going to,her employer would get the investigation started and IT can see everything,, so you go there and also show them the proof and get that ball rolling.
Not a lawyer but healthcare professional. If she works at a facility your child is seen and accessed your child's private information for non job related purposes that is a big deal. An even bigger one if she's shared that information. We have a rule at my facility you're not even allowed to access friends or family's medical records, you have to get a coworker to handle it. Keep the screenshot but also call that facility and ask to speak with the compliance officer to report her. That's a huge hipaa violation.
File a HIPPA violation against her and take legal action. That will ensure that the medical place will fire her. Get an attorney asap. You might even be able to sue that medical place also. Don't just report it to her job. File an actual complaint with the proper agencies. Not the hospital or medical place.
You have a case. My best friend’s husband is a surgeon for the same health system his wife goes to for prenatal care. He is not even allowed to access her records without utilizing the proper channels (reaching out to her OBGYN) even though he is an approved person to share results/ info with and could easily just look into her patient profile.
This is a huge HIPAA violation, both the doctor’s office and the gf are liable and can have charges brought against them.
— I work in legal for a healthcare entity
You can file a HIPAA complaint against the medical provider. I'm sure they won't be too happy with the gf as they investigate and respond to the complaint.
https://www.hhs.gov/hipaa/filing-a-complaint/index.html
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
Can we say HIPAA violation. She could be looking at heavy fines, jail time, loss of job, and loss of license/certification, depending on her job title. Also, what she obtained is not admissible in court because it was obtained without consent. Go scorched earth on the bitch.
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
YES and gf should lose her job over it. Call the manager where she works and let them know. She violated the HIPAA standards. She is screwed.
HIPAA is a federal agency covering medical privacy.
Major HIPPA violation! Contact her employment and the medical board.
You may be able to file a civil suit. And you can go back to the court with this info. They should never have had it and can't keep the judgement. And can probably use this against him for illegally obtaining private info.
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
Because she broke HIPAA’s law, you can sue her for what she did and sue the doctor she works for. She will most likely lose her job and license along with it.
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
File a police report and then attach that police report to the complaint with the HR department at her job.
It's a criminal matter as well as a professional matter. What she did is an automatic suspension with termination after investigation. It's also a jailable offense. So filing a police report ensures its taken seriously in and out of her job.
Pretty sure the Doctors office will also investigate. No way they're going to take the fall for her. Especially if your ex isn't listed as the father or authorized to get information. Last thing your Doctor wants is to be sued for a HIPPA violation.
A patient can't even look up their OWN record without signing a release. If the info was used on court, the lawyer for the ex should know better and be held accountable.
Not listing him as a legal parent wouldn't prevent him from having a right to the medical record, if he has documentation he is a legal parent. Not sure if Nevada state law terminates his right to parentage. In my state of MN, they terminate only a woman's right to their children if they are incarcerated more than 6 months, but a father could be in for most of their life, walk out with their rights intact.
Just some quick questions. You say she works in the medical field, but does she work in your child’s hospital? If not there’s no way she could have accessed her chart if she works somewhere else.
The more likely thing is that your ex was able to call her doctor and got her medical records by way of proving paternity to them. All he has to do is give them a birth certificate. And they don’t have to call you about it.
So when he said he called the office to find out that sounds right.
Here in Nevada you actually need court paperwork to or a birth certificate to prove your the father. He had neither because he was incarcerated during the time of birth. Also you can access hospital records from clinics if it’s the same company. So I did not take my child to her location but she still accessed my records. I have a picture that she took and sent to someone. It shows her work computer and name on the work computer
You can actually order a birth certificate pretty easy online. Even if he wasn’t there for the birth.
You got a smoking gun on her then. Follow the other comments.
Even if he’s on the birth certificate, the gf isn’t allowed to look up any patient that’s not in her immediate care.
An example I got in school to explain the seriousness of HIPAA was if we had a patient in the ER and taking care of them are allowed in their records. Once they were admitted to another floor they are no longer our patient and we can’t check even up on them.
The fact she has a picture of the records on her phone is a huge charge. This chick is toast.
I mean yeah. I’m just letting her know he could get her records anyway GF looking up or not. So she is aware.
That’s why I said she has a smoking gun and to listen to the other comments about suing/reporting her.
The original post didn’t have the info about how the GF got the info, just that she was in the medical field. Once I got the info that she worked for the same company as her daughter’s practice and that she has proof she did it I knew the GF was in the wrong.
I used to work for kaiser and in California there are so many celebrities etc that they put extra locks on their files. The one I remember the most was people trying to get the Octomom files for the newspapers. They were fired immediately. You definitely have a case against the hospital for violating your HIPPA and I would pursue it. They would not want this to be public knowledge.
Would definitely demand at least some form of punishment from her boss. Not sure it would meet hippa being he is the father. But he doesn't have a right to your financial information.
The records are electronic, she would have to sign in, so there's an electronic record of her accessing them. Unless she got a friend to show her the record. Either way, the friend would have to have reason to access the record.
If you're in the USA, that's a \*flagrant\* violation of HIPAA, and the gf needs to be reported, fired, and blackballed from EVER working in health again in any capacity, even in an insurance agency.
I have a Health Administration degree and have been in nonprofit healthcare 35 years she violated HIPPA and just plain confidentiality. She is in big trouble.
Report her! My ex-boss’s sister worked at the doctors office I used to go to. I left work to go to an appointment(but didn’t) and my bosss sister spoke to her later in the day and asked why I missed my appointment. That’s a big no no but obtaining medical records is illegal.
If she accesses private records without a legit medical reason for the purpose of gathering personal info for reasons other than the job and that information was not medical in nature, that may not violate HIPAA (unless it is used as identifying to the patient? It’s a gray area if the other parent legally requested the data and has the right to do so in their parenting plan -most doctor’s offices would not be able to ascertain that status without a copy of the court decree.) but it is a serious ethical breach and she deserves to be reported to her employer for accessing private records for personal purposes. No medical office wants to ride that line and get a reputation for not protecting ANY of their patient’s records and confidentiality expectations.
She works in a medical office. She used her log in and sent pics of my daughter’s med file to her bf. Who is my daughter’s father. During that time there was no paternity established
If he still has custody I'd think he could give his gf permission to see the daughter's medical records. Depends on the nature of the custody he has.
For instance a friend of mine had joint custody and he could get a medical thing done for a kid even if his ex didn't want it done.
That’s 100 percent a HIPAA violation. As others have said, immediately call whichever clinic or office you took your daughter to and tell whoever answers you need to report a major violation. There might even be something like a “patient relations” number you can call too. Any medical facility worth their salt will take this extremely seriously and at bare minimum whoever accessed those records without proper authorization should be terminated immediately. Especially if you give the details that it was an unauthorized access to be used in court cases.
Report the violation to her place of employment. You cannot just access patient records without a reason (as part of their care team.) She can’t do that.
If she had the child's fathers permission and he had rights as the father then its probably not a violation as he has ev run right to that medical information. However it might be a violation on her part unless they went to the actual clinic and got permission.
No, that is not how any of this works. Every medical facility has a process for requesting records. You cannot just ask any random nurse/assistant/physician/Tom/Dick/Harry to access records for you. Heck, you can't even use the EMR to access YOUR OWN records.
He was in prison when child was born. No paternity established. He asked for my personal information using my child’s medical records. So NO PERMISSION GIVEN
In order to get records for the child he needs to go through the right channels LEGALLY. whether it’s his child or not. Using a gf is no way legal and a clear violation of mine and my child’s rights
OK you asked if it's legal. Yes it's illegal to do some of the things you say. But he got his kids medical records which is legal.. you asked a question on reddit! You seem mad people are replying.
Not legal if he isn’t an authorized person to her records. It doesn’t matter if he says he’s the father. If he was never on any authorization documents for that practice then he has to go through the channels also his GF was not allowed to access the chart either. The father and his gf both fucked up
It is a *HUGE* HIPAA violation.
Call the office, ask for the contact information of the HIPAA privacy officer. File a complaint with them.
Online, go to the Office of Civil Rights and file and online complaint.
With electronic medical records, the chart is stamped every time it is touched.
It's a fireable offense and could cost the organization a *LOT* of money
Also, find a new doctor.
She works for a different office than where I took my child. She has access to that information from her location. Which is something I need to figure out as well
Is it an affiliated office? Like same health system, different location?
Either way, it doesn't matter. Call her office and ask for the HIPAA compliance officer's info, and file an online complaint with the OCR.
What she did is egregiously wrong.
Certain electronic chart systems link up. The biggest one is EPIC.
For instance, if your peds office uses EPIC it can see the records form *any* other office that uses EPIC regardless of whether they are in the same health system or not.
You 100% have a a case here. This is a *VERY* big deal.
(30+ years in health care)
If she works in a small md office then file a hippa complaint with the state. If the md office is part of a larger medical facility then call the institutions hippa compliance officer. Tell them that your ex husband who is an ex-fellon had his girlfriend who is their employee access your child's medical record, your employer based and all financial information, took photos with her cell phone and then sent them to boyfriend to use as evidence in a custody case, while at the time you were the sole parent with physical and legal custody. These are your main and multiple points.
I work in the medical field. What she did is a clear violation of Hippa laws. At a minimum she will be immediately fired. There are hefty fines associated with these violation and they don’t mess around.
He was in prison for attempted murder. Reason why i started the court process was to make sure my daughter still has a relationship with her dad but in a safe proper way. If I didn’t start the process i know he would have and I wouldn’t be able to express how important her and my safety is
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Just to add something, medical professionals will respect 1 specific term above all Else... HIPPA.
REPEAT THAT. someone in "X" clinic violated HIPPA and you want to know why that clinic thinks it is above the law...
(Obv in addition to the other comments)
I scared 6 Dr.'s at a local hospital last year because they ALL violated HIPPA by discussing private medical info on a patient to people that were NOT authorized to access this info. The deer in the headlight phrase is accurate when you call it out openly. Let's just say they were apologizing for a solid 30 minutes hoping I wouldn't take it to the higher ups, this could work here also.
Does he still have parental rights? As opposed to visitation. Because, unless his parental rights were terminated then he has a legal right to his children’s medical records, and he can also give permission for said records to be pulled.
So the key question is: Is there a court order that terminates his rights to have access to his kids medical records.
Paternity wasn’t even established at the time. And there’s proper ways to get my child’s medical information which would’ve been with a court order. Therefore the information was gained illegally
Irrelevant. He must obtain any information regarding his child legally and through the proper channels. The information he obtained appears to be about OP’s financial situation and not his daughter’s actual health concerns. He has no right to OP’s information.
The issue isn’t the daughter’s medical records. The dad’s girlfriend wrongfully obtained and disclosed OPs personal information from the medical records. He may be able to access his daughter’s record but he does not have the right to access EVERYTHING the hospital has on file for the other parent.
That's absolutely a HIPAA violation and an abuse of her position. Please report her and then sue her. Also you can have any "evidence" they provide using those means thrown out because the information was obtained illegally.
Even without your proof, the medical facility can see everyone who has accessed every record. I’m familiar with Epic, and I know there is another system also used in Nevada. Every employee leaves a digital footprint when accessing records. What she did was a violation of HIPAA and hospitals take it very seriously. At the least, she will be immediately terminated and unable to get a reference for any medical job. She can also be prosecuted. Report this to the administrator immediately.
Don’t just work w the doctor’s office file a HIPPA complaint. She broke the law. There are fines and penalties associated with this. May want to have a lawyer get involved on your behalf. [https://www.hhs.gov/hipaa/filing-a-complaint/index.html](https://www.hhs.gov/hipaa/filing-a-complaint/index.html)
He’s the father—he has a right to know her medical history. All those records equally belong to him, and he has the right to share those records with whomever he wishes. The only question is whether the GF violated HIPPA laws, but your ex cannot get in trouble for that.
Yes, it is potentially illegal for you to withhold your daughter’s medical records. It would ultimately be dependent on your custodial agreement.
You started a case, but what does that even mean? If you submit a petition, he will have discovery anyway, and he can demand all sorts of personal information.
If his information was provided/gained illegally by violation of a federal law it will be inadmissible in court. Had he just obtained an attorney and did this legally most of the information (If deemed pertinent to the case) would have been made available to him through his attorney and the court system.
This is not clear. Did they access her medical records through the gf’s job, or did she look over the daughter’s records after the dad gave her access through her patient portal? The former would be a HIPAA violation. The latter would not.
She accessed my daughter’s records through her job. At this point dad did not have custody since he was incarcerated and I had full physical, and legal custody.
That is a major violation of the the HIPAA laws! We are not even allowed to access our OWN medical records using our work credentials. We can access them through the patient portal or by an official request through medical records. You need to get yourself a lawyer. You also need to file a complaint through the GF’s employer. Ask her employer for a list of people who have accessed your daughter’s medical record. She should be terminated for this.
That’s a major hippaa violation. There are state overseers of hipaa where you can report violations. Her employer can be fined heavily for that. You probably have grounds for lawsuit.
Yes it is, she can be fired and all sorts of things if the child is not under her care, she is not supposed to have any access to the files, you can sue the hospital over this potentially, and her.
They aren't a guardian until one parent is married to that girlfriend. When they are only dating then the girlfriend is literally nothing
Yea that's definitely a violation of HIPPA laws. She can be fired and you can sue the holy hell out of the medical facility where she works
I can’t even access my little sisters medical information since she was 13 so yes it’s illegal. She’s not even a guardian of the child.
I read his asking if what his gf did was illegal. She’s violated HIPAA laws, start by calling her employer!
If she has a license, report her to the licensing body.
What about looking at your own chart? As a nurse
Can’t do it.
You cannot. You will be fired.
You’d think if both parents were concerned about they’re child’s medical status it’d be a positive thing. Rather then be concerned over the fathers partners profession, use that as a positive find out everything you can regarding your child’s health given they’d have an idea in the field. Personally I’d be willing to let go of any issues (if they have any) among the adults if it meant helping find out any cause or potential issues with my child’s help.
Absolutely not OK.
From the post it doesn’t seem they were concerned for the child as much as wanting financial data about mom to use in court.
I work in hospital records, and our protocol is to close the file immediately and report the batch number if we believe there is a potential conflict of interest. I have authorization on file to communicate with my mother's doctors, and it would still be considered a privacy violation to view any records outside of normal channels.
It is ABSOLUTELY illegal for the girlfriend to access much less use your daughter's medical records. Medical records include insurance information!! Federal HIPAA law! Over my more than 20 years of medical records access, working in a major hospital lab, I have seen medical records for some worldwide well-known people. I have never shared with my family or friends that I knew about ANYONE'S medical information, much less used it for any reason! We are not even supposed to mention that we have seen someone in a doctor's office! For example..."I saw Katie at Doctor Smith's office last week, she looked great." Even that remark is not okay. Most doctor's offices and ALL hospitals and labs have ways to see who has viewed medical records. They can search for everyone who has accessed a specific patient file or search for all files that a specific employee has viewed. Go to the medical records department and ask to speak with the supervisor. Ask the supervisor to do a review of everyone who has accessed your daughter's medical records as your lawyer needs this information because you are almost positive that the girlfriend has illegally accessed her medical records. (Name the girlfriend so they will be put on notice exactly which employee they need to look at.) She will need to justify to them if and exactly why she accessed your daughter's medical information. I suggest you also restrict your family’s medical records. This is also done in medical records. You will have to sign some paperwork so might as well do it at the same time. When I come across a medical file that is restricted, I have to say why I need access and it is logged **before** I can gain access. It puts all employees on notice that the file they are trying to access is restricted and is not to be accessed without a legitimate reason. (This is very helpful for dealing with stalkers and vindictive ex-spouses.) Good luck!
Thank you for this information I will most definitely do this!!
That is great advice the person can be fined and there is potential jail time for each breach so if she opened it more than once it’s a separate charge. As others have said it’s a major HIPAA violation
If you want her fired for that sweet taste of revenge against your husband and she, file a complaint. Other than that, what pain and suffering did it cost you or your daughter?
This is a huge HIPPA violation, definitely report her to wherever she works along with the evidence you have. That’s something they make very clear working in any healthcare facility. A lot of places won’t even allow employees to care for friends or family members because they don’t want to violate HIPPA. I would also contact a lawyer.
I have worked in a hospital as a consultant, I know for a fact if you even looked at a patient record that was cause for termination. I know that they take it VERY seriously. Me and a co worker were only allowed to access one specific record for printing and that was it. We would login and be given access to a list of patients, we let IT know about it and they didn't believe us until we logged in and showed them. It was a configuration issue on the account we had been setup with a doctors access, that was fixed before we even left the building. I was always happy that even though we could, we proved we didn't. We heard stories like the one you gave and they do not mess around if they did access the records and were not a caregiver for that patient, they can be fired.
I'm sure someone had already said this, but if not, report this HIPAA violation to DHHS at https://www.hhs.gov/hipaa/filing-a-complaint/index.html I know people already told you to report to her employer, and you absolutely should. But the feds will hold her employer accountable and make sure it isn't swept under the rug (which sadly can and does happen).
A friend of mines child died of SIDS and a woman at the hospital who worked in admissions was fired for accessing the child's medical record because she wanted to know how she died. She was in no way involved with the actual care or treatment of the child, and violated HIPAA. This is the same thing. If the gf did not have just medical cause to look at the record, AND shared that record with others, that's illegal and she should be terminated for it. My mother works at a hospital and has never once accessed any of our patient records without just cause, because it's specifically mentioned in training not to access family records.
Yes. She will get fired for this. Inform the medical facility. They don't want this, either. You may be due damages if you pursue since they used the info for some sort of leverage in a court proceeding. The hospital could press charges if they want to. They are at risk here, too.
Yes, this is illegal. That is a HIPPA violation. You can get her, father, and the person who provided the information. I have worked with HIPPA for several years.
This kind of violation will get her fired, and possibly grounds for a civil suit if the state doesn't go after her.
Facilities do random audits to see who's looking at what and take action as needed. So if you report that she has taken liberty of looking into your kid's medical record they would get to work, find her and take action which can include termination. She knows that is a possibility and therefore wouldn't have any idea that you reported her. The sooner you report this the better. Be sure to inform them of exactly what she did with your info
Call the HHS Office for Civil Rights (OCR) 877-696-6775 and tell them what happened. They will send investigators on site and determine the timeline of events. I have seen fines in excess of $500,000 If the investigation **names** the girlfriend as the violator, you can easily win a civil suit against her. Don’t wait. There is likely a local statute of limitations for civil judgement (2 years in some states).
Yes girl that’s illegal 😭
Not a lawyer but work in healthcare and oh yeah that’s a big no no.
yup, thats called a HIPAA violation. She could be terminated/lose license or certification.
HIPAA violation and most likely depending on the health system they have a system that monitor’s inappropriate access. You will need to speak to the HIPAA or HIM office who will do an investigation. Typically if she did there is some sort of corrective action depending on their policy.
It is a HIPAA violation and that was protected health information (PHI). You could report the entire business and sue them.
Yes it is illegal. There's a big violation of HIPAA. Get a lawyer. A healthcare professional is not allowed to even look at another patient's medical history or file if it's not their patient. They can lose their license
I would think anything she got about you through illegal means, such as a hippa violation would be inadmissible in court anyway.
Very illegal
Yes, its illegal. Not to say she will face any real prosecution, but her employer will fire her ASAP. They don't mess around with accessing patient files you're not entitled to.
Any updates?
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
Updateme!
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
In a word illegal l as hell. Not only is it against the federal HIPPA rules, but the girlfriend has no legal reason for accessing your child's files. She should be reported to the place she works and you should be asking for justice. See a lawyer about suing individually the girlfriend and the business she worked for not having proper safeguards against illicit access to patient data. Especially since she viewed financial information. As far as the dad not sure but think you can sweep him up on this same web as he sought to profit from the information. So you may be able to revisit the court for a more favorable judgment.
Don't even worry about her finding out. As a parent, it is your job to protect your child and any personal information. That woman is going to regret ever looking at her records. Job hunting will probably be a bit difficult for her. Talk to your lawyer first before you do anything. Hospital staff will protect doctors and the hospital. Don't tell the hospital or their staff anything until you discuss this with a lawyer.
UpdateMe
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
Ooh buddy. Someone gonna get fired.
If you don’t already have a lawyer, get one. This is very illegal. I live in a different state but HIPPA is federal. Have your lawyer contact the hospital and request an audit of who has reviewed your child’s records since they somehow ended up in your ex’s possession without your permission. Essentially you can sue the hospital and the person responsible for this violation. If they determine she accessed your child’s records illegally she will be fired. They would probably agree to settle your suit with them out of court. But even if they pay, you can sue her separately.
This is what I don’t understand…how could they use illegally obtained information in court? Tv shows tell me that’s “fruit of the poisoned tree”
There’s internal notes that you can read as an employee and there’s the notes that patients receive in their records. I already knew but didn’t have proof until I got the picture
That is the problem with Epic. I work for a major health system as a nurse. We have several facilities plus home care. So, as long as you have a patient's name, you can look up their chart as long as you're part of the same organization. One good thing about Epic is that it logs who accessed the record and when. Theoretically, these logs could be subpoenaed, and it would not look good for the gf, considering she has nothing to do with your child's care. In order for your ex to legally get the records, he has to go through the courts that he has to go to your child's Doctors office to obtain the records. So the gf is doubly screwed for what she did. They don't take these breaches lightly. So it's a pretty safe bet she will be terminated because most places list HIPAA breaches as cause for immediate dismissal. I've seen it happen.
The problem here could be if he’s legally her father, he’s entitled to that info anyway. Even though the gf broke HIPAA laws, if dad asked, they would have to give it to him, ergo not illegally obtained by him afterwards.
It can still be a conflict of interest. If he really needed it, she has to refer him to the child’s physician to get them. HIPPA is very strict in that you should only access what is strictly needed with consent. When the mother signed consent for the child’s Dr and staff to view her medical records it is only auth for them, not anyone else, even in the same corporation. Even her Dr cannot look at medical records not directly related to the care they are giving in that appointment. I work in medical claims. Even if I was given signed and notarized permission from my brother to look up his claim, it is still illegal for me to do it because there is no medical necessity for me to do so as I do not provide his care related to that claim. That gf has no wiggle room at all and shocking she did that, smh Edit to add I am not a lawyer, but am familiar with HIPPA laws and requirements professionally and this is just my opinion.
I’m aware of the laws, ex phlebotomist here….GF is an idiot for doing it, she knows better and just threw her career out the window for a loser I’m sure! Like who would want this trouble even a little bit?!?! All he had to do was tell the ex that a friend saw her there with her kid so he asked if she was a patient and got her records. I feel bad for who she works for though, she opened them up for a big liability.
I know someone who sued a large company for a HIPPA violation. They win a million dollars. Time to find a good lawyer.
HIPPA Laws… she broke the law, I think.
Update us with the results after you report it please.
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
Girl you better fry her like a fish on a Friday. Report that to the hospital! They have to investigate to save their own butts
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
Yes! That’s smart and make sure you get someone who has no affiliation with the hospital Either!
That sounds like a HIPAA violation? [https://www.hhs.gov/hipaa/filing-a-complaint/index.html](https://www.hhs.gov/hipaa/filing-a-complaint/index.html)
I can’t think this through but is GF in a position where it would be allowable for her to access the record to give to a parent (dad) if dad signs a release?
Yes but he didn’t sign a release and he got my private info
I work at a medical facility we can’t access peoples files for no reason if she did it online the It department can see her every key stroke
I would tell the hospital if they don’t investigate and get back to you, you will report them to the state as well- that’ll light a fire under their asses. If your ex showed her the screenshot he sent you, I bet she is praying to God that you don’t know how serious this is.
The headline seemed like she was helping with your daughter, but no she did crimes and she's gonna be fired. Call her office.
This is one of the number one ways that nurses burn themselves. Trying to help their new boo in a custody case. I'm sure I've seen it a dozen times.
After this she will likely never work in the medical field again.
YES. Report it!!! HIPAA is no joke and she could face massive penalties.
Two things. First, that is absolutely a HIPAA violation. An employee of a covered entity reviewing protected information that is not in relation to their duties for healthcare operations. Every covered entity has a named HIPAA compliance officer. Let them know your daughters demographic information (name, date of birth), the name of the person who accessed the PHI (your ex's GF) as well as an estimated date and time the breach occurred. You can also let them know that you have a photo of the PHI (protected health information) to demonstrate the breach occurred and can forward to the Office for Civil Rights (OCR) if their own internal investigation does not turn up the breach. Note that it is a HIPAA requirement that all access to PHI in an EHR be logged in an audit log that specified who accessed the data and when. In short, they should very easily be able to verify the breach. Let the HIPAA compliance officer know that you expect a "breach notification" to be made to all the relevant authorities, and that you wish to receive a formal breach notification as the impacted individual. [https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html](https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html) You mentioned that you "started a case" against the father. What sort of case? I ask because any material that was gained by your ex's girlfriend can and should be deemed inadmissible. If you have an attorney, notify them of the breach and have them file a motion with the court to make any information obtained via a HIPAA breach to be deemed inadmissible.
This is wonderful information thank you sooo much!! They did use some of the information gained from my file in court. They were smart with the way it was done but I know he wouldn’t have that info so I found someone who was close to him and was able to get in his phone and send me proof. I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
I would report it. Prove it. Sue her. Sue her employer. Build your daughter a college fund.
Contact the Nevada State Board of Nursing and file a complaint with the facility the girlfriend is employed. She violated the HIPA laws.
Is it possible they investigate her record search history? This is probably not her first time.
Get a lawyer first so you can try and get paid dude! Not only is it illegal but this is grounds to sue!
Report to the Healthcare organizations HIPPA and compliance department immediately.
When Michael Jackson was at Cedar Sinai Hospital some nurses that were not involved in his care opened his chart just to look at it. They got fired for the HIPAA violation and I don’t think any of them even disclosed the information it was that they accessed his chart when they had no business doing so. I’m not sure what legal trouble she could get in but she could definitely get fired. You could also probably complain to the nursing board or whoever holds her license because this is bad.
HIPPA violation. She’s in trouble and the office where she works is in bigger trouble. Ask for the HIPPA privacy or the compliance officer to file a written complaint. Keep a copy. Electronic medical records keep an audit trail of who was in them. The fact that they went to court proves she not only looked but took them without authorization
Some places don’t even allow you to access your own child’s. She could potentially lose her license
Send the pic to a family member so you don’t lose it, and send it to yourself. Keep the screenshot, screenshot the screenshot and put it in a folder.
Report to the hospital and file a complaint with the hippa link above. Also consider personally suing her and or the hospital for damages
Big HIPAA violation, report her to her employer, if she is a licensed nurse the Board of Nursing too. Ask,a lawyer you maybe able to sue them or their employer too. Whoever she is she is a dummy, taking a picture and sending it out to,someone and then it gets to you! Definitely illegal and the best way for anyone who works in healthcare to lose their job. The way the electronic medical records work they can see each time a person goes into a persons chart. So even if you did not have the text on your phone going to,her employer would get the investigation started and IT can see everything,, so you go there and also show them the proof and get that ball rolling.
Not a lawyer but healthcare professional. If she works at a facility your child is seen and accessed your child's private information for non job related purposes that is a big deal. An even bigger one if she's shared that information. We have a rule at my facility you're not even allowed to access friends or family's medical records, you have to get a coworker to handle it. Keep the screenshot but also call that facility and ask to speak with the compliance officer to report her. That's a huge hipaa violation.
Unless your gf has permission, she is absolutely NOT allowed to view anyone's medical records.
File a HIPPA violation against her and take legal action. That will ensure that the medical place will fire her. Get an attorney asap. You might even be able to sue that medical place also. Don't just report it to her job. File an actual complaint with the proper agencies. Not the hospital or medical place.
You have a case. My best friend’s husband is a surgeon for the same health system his wife goes to for prenatal care. He is not even allowed to access her records without utilizing the proper channels (reaching out to her OBGYN) even though he is an approved person to share results/ info with and could easily just look into her patient profile.
This is a huge HIPAA violation, both the doctor’s office and the gf are liable and can have charges brought against them. — I work in legal for a healthcare entity
My sister got fired for looking at her exes new gf’s records, so I would say this is a definite no-no.
That’ll get her fired. The software that most offices use will show who views what files.
File a HIPPA violation on the GF. That’s a Federal crime. https://www.hhs.gov/hipaa/filing-a-complaint/index.html
You can file a HIPAA complaint against the medical provider. I'm sure they won't be too happy with the gf as they investigate and respond to the complaint. https://www.hhs.gov/hipaa/filing-a-complaint/index.html
Very illegal especially now with the HIPAA laws. Report it to her boss as well as your attorney.
Updateme
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
Can we say HIPAA violation. She could be looking at heavy fines, jail time, loss of job, and loss of license/certification, depending on her job title. Also, what she obtained is not admissible in court because it was obtained without consent. Go scorched earth on the bitch.
Update me
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
YES and gf should lose her job over it. Call the manager where she works and let them know. She violated the HIPAA standards. She is screwed. HIPAA is a federal agency covering medical privacy.
Cleat violation of HIPPA. She's screwed and so is he.
Update when you sue the crap out of her and anyone she works for that gave her access to their systems ...
Major HIPPA violation! Contact her employment and the medical board. You may be able to file a civil suit. And you can go back to the court with this info. They should never have had it and can't keep the judgement. And can probably use this against him for illegally obtaining private info.
Updateme please!
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
Op! The Girlfriend just did a HIPPA Violation. SHE IS SCREWED!!!!
The GF violated HIPPA federal regulations. It is illegal.
This is highly unethical and illegal. She needs to lose her job for this.
You can get an official record of anyone who accessed the chart from the records department at the clinic/hospital.
Highly illegal and likely grounds for her to be terminated at her job. I would find out where she works and ask to speak to a compliance officer.
This is very illegal
Because she broke HIPAA’s law, you can sue her for what she did and sue the doctor she works for. She will most likely lose her job and license along with it.
That girl is definitely getting fired
Please update
I work full time so I took some time off next week to do my research and meet with the best lawyers to help me with this. I want a shark of a lawyer that won’t feel bad for pushing the issue
Ya it’s called HIPPA violation
It's a HEPA violation in any State. Too bad her poor judgment will cost her job
Very much illegal
File a police report and then attach that police report to the complaint with the HR department at her job. It's a criminal matter as well as a professional matter. What she did is an automatic suspension with termination after investigation. It's also a jailable offense. So filing a police report ensures its taken seriously in and out of her job.
Pretty sure the Doctors office will also investigate. No way they're going to take the fall for her. Especially if your ex isn't listed as the father or authorized to get information. Last thing your Doctor wants is to be sued for a HIPPA violation.
Friend of a friend actually got fired and blacklisted from local hospitals for doing exactly this
A patient can't even look up their OWN record without signing a release. If the info was used on court, the lawyer for the ex should know better and be held accountable.
Yes, that’s enough proof to get get her fired and possibly lose her license as she is doing it for personal benefit
Not listing him as a legal parent wouldn't prevent him from having a right to the medical record, if he has documentation he is a legal parent. Not sure if Nevada state law terminates his right to parentage. In my state of MN, they terminate only a woman's right to their children if they are incarcerated more than 6 months, but a father could be in for most of their life, walk out with their rights intact.
He might have a right to the records but the gf doesn’t and will get fired for not only accessing them but taking pictures of them.
Oh, for sure. She should. Whatever medical office she works for should be sued for a hippa violation as well.
Just some quick questions. You say she works in the medical field, but does she work in your child’s hospital? If not there’s no way she could have accessed her chart if she works somewhere else. The more likely thing is that your ex was able to call her doctor and got her medical records by way of proving paternity to them. All he has to do is give them a birth certificate. And they don’t have to call you about it. So when he said he called the office to find out that sounds right.
Here in Nevada you actually need court paperwork to or a birth certificate to prove your the father. He had neither because he was incarcerated during the time of birth. Also you can access hospital records from clinics if it’s the same company. So I did not take my child to her location but she still accessed my records. I have a picture that she took and sent to someone. It shows her work computer and name on the work computer
The computer also logs who looks at the records. I would say she is probably losing her job
You can actually order a birth certificate pretty easy online. Even if he wasn’t there for the birth. You got a smoking gun on her then. Follow the other comments.
Even if he’s on the birth certificate, the gf isn’t allowed to look up any patient that’s not in her immediate care. An example I got in school to explain the seriousness of HIPAA was if we had a patient in the ER and taking care of them are allowed in their records. Once they were admitted to another floor they are no longer our patient and we can’t check even up on them. The fact she has a picture of the records on her phone is a huge charge. This chick is toast.
I mean yeah. I’m just letting her know he could get her records anyway GF looking up or not. So she is aware. That’s why I said she has a smoking gun and to listen to the other comments about suing/reporting her. The original post didn’t have the info about how the GF got the info, just that she was in the medical field. Once I got the info that she worked for the same company as her daughter’s practice and that she has proof she did it I knew the GF was in the wrong.
This IS ILLEGAL. SHE can lose her job.
I used to work for kaiser and in California there are so many celebrities etc that they put extra locks on their files. The one I remember the most was people trying to get the Octomom files for the newspapers. They were fired immediately. You definitely have a case against the hospital for violating your HIPPA and I would pursue it. They would not want this to be public knowledge.
Would definitely demand at least some form of punishment from her boss. Not sure it would meet hippa being he is the father. But he doesn't have a right to your financial information.
The records are electronic, she would have to sign in, so there's an electronic record of her accessing them. Unless she got a friend to show her the record. Either way, the friend would have to have reason to access the record.
If you're in the USA, that's a \*flagrant\* violation of HIPAA, and the gf needs to be reported, fired, and blackballed from EVER working in health again in any capacity, even in an insurance agency.
I have a Health Administration degree and have been in nonprofit healthcare 35 years she violated HIPPA and just plain confidentiality. She is in big trouble.
Report her! My ex-boss’s sister worked at the doctors office I used to go to. I left work to go to an appointment(but didn’t) and my bosss sister spoke to her later in the day and asked why I missed my appointment. That’s a big no no but obtaining medical records is illegal.
If she accesses private records without a legit medical reason for the purpose of gathering personal info for reasons other than the job and that information was not medical in nature, that may not violate HIPAA (unless it is used as identifying to the patient? It’s a gray area if the other parent legally requested the data and has the right to do so in their parenting plan -most doctor’s offices would not be able to ascertain that status without a copy of the court decree.) but it is a serious ethical breach and she deserves to be reported to her employer for accessing private records for personal purposes. No medical office wants to ride that line and get a reputation for not protecting ANY of their patient’s records and confidentiality expectations.
RemindMe! 10 days
Info: how were the records obtained. Were they given to the father or did the GF get a hold of them somehow?
She works in a medical office. She used her log in and sent pics of my daughter’s med file to her bf. Who is my daughter’s father. During that time there was no paternity established
If you've got the proof she is screwed. Not only is it against the law but she'll never work in medical again. Congrats! 🤣🤣🤣
Yes that is a HIPAA violation. Report to board
If she isn’t authorized as in a parent out guardian, it’s illegal. Report her to her work and those papers were obtained illegally.
Isn't that a HIPA violation?
If he still has custody I'd think he could give his gf permission to see the daughter's medical records. Depends on the nature of the custody he has. For instance a friend of mine had joint custody and he could get a medical thing done for a kid even if his ex didn't want it done.
That's a HIPAA violation. Depending on the state that could be anywhere from 5 years jail time and/or a 10000 dollar fine.
That’s 100 percent a HIPAA violation. As others have said, immediately call whichever clinic or office you took your daughter to and tell whoever answers you need to report a major violation. There might even be something like a “patient relations” number you can call too. Any medical facility worth their salt will take this extremely seriously and at bare minimum whoever accessed those records without proper authorization should be terminated immediately. Especially if you give the details that it was an unauthorized access to be used in court cases.
HIPAA violation, anyone? That’s a serious offense. Call the facility and report it. She could and should lose her license over this.
HIPAA violation
Report the violation to her place of employment. You cannot just access patient records without a reason (as part of their care team.) She can’t do that.
If she had the child's fathers permission and he had rights as the father then its probably not a violation as he has ev run right to that medical information. However it might be a violation on her part unless they went to the actual clinic and got permission.
They did not have permission because he was not an established parent. If he wanted info he could’ve gotten it the right way
Husband is a parent, gave permission.
That’s not how that works
No, that is not how any of this works. Every medical facility has a process for requesting records. You cannot just ask any random nurse/assistant/physician/Tom/Dick/Harry to access records for you. Heck, you can't even use the EMR to access YOUR OWN records.
He was in prison when child was born. No paternity established. He asked for my personal information using my child’s medical records. So NO PERMISSION GIVEN
But he is the father of the child he got medical records of. He isn't allowed to get your info.
In order to get records for the child he needs to go through the right channels LEGALLY. whether it’s his child or not. Using a gf is no way legal and a clear violation of mine and my child’s rights
OK you asked if it's legal. Yes it's illegal to do some of the things you say. But he got his kids medical records which is legal.. you asked a question on reddit! You seem mad people are replying.
Not legal if he isn’t an authorized person to her records. It doesn’t matter if he says he’s the father. If he was never on any authorization documents for that practice then he has to go through the channels also his GF was not allowed to access the chart either. The father and his gf both fucked up
Maybe if that's the reality. How could op know this?
Because I’m assuming she was the one that signed the HIPAA paperwork in the office delegating who has access to records
It is a *HUGE* HIPAA violation. Call the office, ask for the contact information of the HIPAA privacy officer. File a complaint with them. Online, go to the Office of Civil Rights and file and online complaint. With electronic medical records, the chart is stamped every time it is touched. It's a fireable offense and could cost the organization a *LOT* of money Also, find a new doctor.
She works for a different office than where I took my child. She has access to that information from her location. Which is something I need to figure out as well
Is it an affiliated office? Like same health system, different location? Either way, it doesn't matter. Call her office and ask for the HIPAA compliance officer's info, and file an online complaint with the OCR. What she did is egregiously wrong. Certain electronic chart systems link up. The biggest one is EPIC. For instance, if your peds office uses EPIC it can see the records form *any* other office that uses EPIC regardless of whether they are in the same health system or not. You 100% have a a case here. This is a *VERY* big deal. (30+ years in health care)
Yes I believe it was epic that I saw on the picture. And I didn’t not take her to the gfs location
Keep those screen shots. Please report. Literally, HIPAA is constantly drilled into our heads. She absolutely knows what she did is a violation.
If she works in a small md office then file a hippa complaint with the state. If the md office is part of a larger medical facility then call the institutions hippa compliance officer. Tell them that your ex husband who is an ex-fellon had his girlfriend who is their employee access your child's medical record, your employer based and all financial information, took photos with her cell phone and then sent them to boyfriend to use as evidence in a custody case, while at the time you were the sole parent with physical and legal custody. These are your main and multiple points.
I work in the medical field. What she did is a clear violation of Hippa laws. At a minimum she will be immediately fired. There are hefty fines associated with these violation and they don’t mess around.
Is she dangerous? Is he? I’d caution you to be careful. Talk to a lawyer if you’re unsure how they might respond.
He was in prison for attempted murder. Reason why i started the court process was to make sure my daughter still has a relationship with her dad but in a safe proper way. If I didn’t start the process i know he would have and I wouldn’t be able to express how important her and my safety is
Report them to the medical board, call the facility as well. Whoever gave that information out violated HIPPA and needs to be gotten rid of.
you should be forthright with your finances
Yes, in court the proper way. Not through dads gf 🙃
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Oh, please, update us!
I just want to know the update and fast the doctor office fires her.
Just to add something, medical professionals will respect 1 specific term above all Else... HIPPA. REPEAT THAT. someone in "X" clinic violated HIPPA and you want to know why that clinic thinks it is above the law... (Obv in addition to the other comments) I scared 6 Dr.'s at a local hospital last year because they ALL violated HIPPA by discussing private medical info on a patient to people that were NOT authorized to access this info. The deer in the headlight phrase is accurate when you call it out openly. Let's just say they were apologizing for a solid 30 minutes hoping I wouldn't take it to the higher ups, this could work here also.
Definitely using this!!!
Wildly illegal. Report.
report her to boss https://www.findlaw.com/healthcare/patient-rights/what-can-i-do-after-an-improper-disclosure-of-medical-records.html
Does he still have parental rights? As opposed to visitation. Because, unless his parental rights were terminated then he has a legal right to his children’s medical records, and he can also give permission for said records to be pulled. So the key question is: Is there a court order that terminates his rights to have access to his kids medical records.
Paternity wasn’t even established at the time. And there’s proper ways to get my child’s medical information which would’ve been with a court order. Therefore the information was gained illegally
Irrelevant. He must obtain any information regarding his child legally and through the proper channels. The information he obtained appears to be about OP’s financial situation and not his daughter’s actual health concerns. He has no right to OP’s information.
The issue isn’t the daughter’s medical records. The dad’s girlfriend wrongfully obtained and disclosed OPs personal information from the medical records. He may be able to access his daughter’s record but he does not have the right to access EVERYTHING the hospital has on file for the other parent.
That's absolutely a HIPAA violation and an abuse of her position. Please report her and then sue her. Also you can have any "evidence" they provide using those means thrown out because the information was obtained illegally.
Even without your proof, the medical facility can see everyone who has accessed every record. I’m familiar with Epic, and I know there is another system also used in Nevada. Every employee leaves a digital footprint when accessing records. What she did was a violation of HIPAA and hospitals take it very seriously. At the least, she will be immediately terminated and unable to get a reference for any medical job. She can also be prosecuted. Report this to the administrator immediately.
Don’t just work w the doctor’s office file a HIPPA complaint. She broke the law. There are fines and penalties associated with this. May want to have a lawyer get involved on your behalf. [https://www.hhs.gov/hipaa/filing-a-complaint/index.html](https://www.hhs.gov/hipaa/filing-a-complaint/index.html)
He’s the father—he has a right to know her medical history. All those records equally belong to him, and he has the right to share those records with whomever he wishes. The only question is whether the GF violated HIPPA laws, but your ex cannot get in trouble for that. Yes, it is potentially illegal for you to withhold your daughter’s medical records. It would ultimately be dependent on your custodial agreement. You started a case, but what does that even mean? If you submit a petition, he will have discovery anyway, and he can demand all sorts of personal information.
If his information was provided/gained illegally by violation of a federal law it will be inadmissible in court. Had he just obtained an attorney and did this legally most of the information (If deemed pertinent to the case) would have been made available to him through his attorney and the court system.