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Can I sue my Doctor for Releasing my Records to my Employer?


You may be able to file a suit against a doctor who releases your information to your employer. This depends in many ways on the nature of your company's health plan. In some plans, your employer can legally review their employees' medical records which can include hospital record and any previous workers' compensation claims.

HIPAA Regulations & Your Rights

Otherwise, your doctor is required to obtain a release from you under the Health Insurance Portability and Accountability Act (HIPAA) regulations before they can release your medical information to anyone. To release health records, doctors need to have a HIPAA compliant release enabling them to release the records. Even before this, however, there is usually a form you as the patient will sign which specifies which parties can receive your health information. Thus the doctor can only release the information to the parties you designate beforehand.

These HIPPA protections only apply to doctors who transmit medical information electronically while taking part in standard transactions under HIPAA's electronic data interchange rule. If you are treated at an on-site health clinic, you should ask them if the clinic is subject to HIPAA or have a similar privacy policy governing how your medical information is used or disseminated.

Doctors who violate this law can be sued; however, the accuser needs to be able to prove that the release of medical information resulted directly in great financial harm such as losing a job or business due to the information contained.

If you were terminated from your job because your doctor released sensitive material to your employer, call The Law Offices of Charles R. Gueli and we can determine if you have a claim against your doctor.

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