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HIPAA---Is Thhis It?

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NorthTexasBoi

Junior Member
What is the name of your state? TEXAS

Hello, my name is Christopher. I live in Denton, TX. My medical information was wronfully disclosed to my employers by a county healthcare provider(s). HIPAA's investigative office, the Office for Civil Rights under the Texas Department of Health and Human Services have filed an investigation and though statutes in the law of HIPAA say you can be fined thousands of dollars and face imprisonment my claims investigator respresentong me said the best I could hope for would be an apology. I am saddened that this government office put into place to protect us against people who wrongfully disclose our private medical information said that. Why are they even there then? They have a 180-day protocol to investigate/complete an investigation, my incident happened in April 2004, it is now September 2005 and JUST now I was assigned an investigator. The investigator is slow, has little motivation and concern for me, and informed me that "the best you can hope for is an apology". Folks, I lost my job dude to this. I was emotionally put into distress and suffered life changes due to this. A healthcare provider (County Indigent) I entrusted with my information purposefully released my medical information to my employers so that I may be fired. It was malicious. All because she seen me working there at the restaurant where she sometimes dined. I had a NON-communicable disease (Hep B to be exact) and I was fully ALLOWED to be working in the food service industry. There was NO reason for this to occur. On top of this a county judge who also learned of my medical situation (through gossip no doubt) also called my emplyers the same day and released my medical informaton as well "as a personal favor".
I have since then been cured, I also have relocated jobs and houses (due to emplyers harrassment once they learned of my situation), and have begun to attend a new school. I am distressed because my lawyers say they cant sue a county entity, and HIPAA officials investigating my claim say even if they do actualy impose fines, the money goes to the state, not me. I am at a loss. PLEASE give me advise. There has to be something more I can do. Thanks!
 


JETX

Senior Member
Thank you for your wonderful post. However, since this is a LEGAL advice site (and not a 'woe is me' site), it would have been nice if you had even HINTED at a legal question.
Accept their apology (if offered) and move on....
 

NorthTexasBoi

Junior Member
Perhaps you misread.......?

PLEASE NOTE that Hep B is a NON communicable disease and it is NOT mandatory to report by physicians or others alike. "Sorry Charlie" does not apply. And also, this is supposed to be an advise site, not an attack site. I asked, since one of you sems to not see my question in text:
Can you sue a county enity for something like this?
Anyways, get back to me all of those in favor of adhearing to the purpose of this site, and for those that are negative please refrain,
THANKS
Christopher
 

JETX

Senior Member
NorthTexasBoi said:
Anyways, get back to me all of those in favor of adhearing to the purpose of this site, and for those that are negative please refrain
Kiss my ass!! Now is that 'negative'.... or "adhearing" (whatever that is??)

Oh, and as expected, you are WRONG.
Hep B is a reportable disease in Texas (and elsewhere)
http://www.tdh.state.tx.us/ideas/hepatitis/hepatitis_b/reporting/

Oh, as further expected, you are also WRONG... Hepatitis B IS a communicable disease...
http://www.who.int/csr/disease/hepatitis/en/
http://www.rense.com/general/hepB.htm

Texas Health and Safety Code:
CHAPTER 81. COMMUNICABLE DISEASES
includes Hepatitis.....
 

NorthTexasBoi

Junior Member
WRONG AGAIN...as usually expected

Hep B IS reportable and required to be reported to the Health Department by DOCTORS, NURSES, and HEALTHCARE providers.

Hep B is NOT reportable to your employers. Thats against the law, and HIPAA.

READ YOUR LINKS. Figure it out before you wear the "Im a dumb ass" banner.

Also, it was wrong for my healthcare provider to release my medical information to my employers. Even without HIPAA, its against several laws in Texas.

Get your facts stright before you offer anymore advice, I fear you will mislead many others.

Chris
 

JETX

Senior Member
NorthTexasBoi said:
Get your facts stright before you offer anymore advice, I fear you will mislead many others.
Now, you are just flat out lying.

Your post said: "PLEASE NOTE that Hep B is a NON communicable disease and it is NOT mandatory to report by physicians or others alike"
That was clearly wrong on BOTH counts.... as I correctly stated.

Hep B IS "a communicable disease".
Hep B IS "mandatory to report by physicians or others alike"

I never said anything about WHO is allowed or required to report or to who.
You are the one who was PROVEN wrong.... now, accept it and quit being an ass-hole.
 

rmet4nzkx

Senior Member
Chris,
Nice try, no cigar.
Your hep b is reportable and is considered along with HIV/AIDS and is reportable under Texas health codes because of the way it is transmited, through sexual contact and sharing of needles, however it has been transmitted without such contact, or at least with denials of such contact. While it is related to HIV/AIDS it doesn't have the same confidentiality requirements. Here is the seciton of TX statues addressing this in healthworkers and serves to show how it is considered a communicable disease.
§ 85.203. INFECTION CONTROL STANDARDS. (a) All health
care workers shall adhere to universal precautions as defined by
this subchapter.
(b) Health care workers with exudative lesions or weeping
dermatitis shall refrain from all direct patient care and from
handling patient care equipment and devices used in performing
invasive procedures until the condition resolves.
(c) All institutions of higher education and professional
and vocational schools training health care workers shall provide
instruction on universal precautions.
(d) Health care institutions shall establish procedures for
monitoring compliance with universal precautions.

Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.05, eff.
Sept. 1, 1991.


§ 85.204. MODIFICATION OF PRACTICE. (a) Except as
provided by Subsections (b) and (c), a health care worker who is
infected with HIV or who is infected with hepatitis B virus and is
HBeAg positive may not perform an exposure-prone procedure.
(b)(1) A health care worker who is infected with HIV or who is
infected with hepatitis B virus and is HBeAg positive may perform an
exposure-prone procedure only if the health care worker has sought
counsel from an expert review panel and been advised under what
circumstances, if any, the health care worker may continue to
perform the exposure-prone procedure.
(2) An expert review panel should include the health
care worker's personal physician and experts with knowledge of
infectious diseases, infection control, the epidemiology of HIV and
hepatitis B virus, and procedures performed by the health care
worker.
(3) All proceedings and communications of the expert
review panel are confidential and release of information relating
to a health care worker's HIV status shall comply with Chapter 81.
(4) Health professional associations and health
facilities should develop guidelines for expert review panels and
identify exposure-prone procedures, as defined by this subchapter.
(c) A health care worker who performs an exposure-prone
procedure as provided under Subsection (b) shall notify a
prospective patient of the health care worker's seropositive status
and obtain the patient's consent before the patient undergoes an
exposure-prone procedure, unless the patient is unable to consent.
(d) To promote the continued use of the talents, knowledge,
and skills of a health care worker whose practice is modified
because of the worker's HIV or hepatitis B virus infection status,
the worker should:
(1) be provided opportunities to continue patient care
activities, if practicable; and
(2) receive career counseling and job retraining.
(e) A health care worker whose practice is modified because
of hepatitis B virus infection may request periodic
redeterminations by the expert review panel under Subsection (b) of
any change in the worker's HBeAg status due to resolution of
infection or as a result of treatment.
(f) A health care worker who is infected with HIV or who is
infected with hepatitis B virus and is HBeAg positive who performs
invasive procedures not identified as exposure-prone should not
have his or her practice restricted, provided the infected health
care worker adheres to the standards for infection control provided
in Section 85.203.

Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.05, eff.
Sept. 1, 1991.


====================

2 years ago, Sodomy, one of the means of transmitting hep b was still illegal in Texas and IV drug use still is? Sec. 21.01 defined sodomy and section 21.06 of the Texas Penal Code addresses the portion of the law the USSC ruled upon. That is why you will at best only get an appology.

Insofar as your employment, unless you have a union contract stating otherwise, your employer can terminate your employment for any reason.


http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-102
 

Crazed98

Member
NorthTexasBoi said:
PLEASE NOTE that Hep B is a NON communicable disease



communicable disease- a disease that can be communicated from one person to another.

Cancer is a non communicable disease, hepatitis B is not.
 

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