HIPPA VIOLATION? DEFAMATION? by ex employee

[jjohannsen]

What is the name of your state?Iowa

I work as a licensed therapist in the state of iowa. I had undergone treatment for drinking at a local facility in Jan of 2005. The front desk attendent found out about this. She quit her job in April 2005 and she is now telling people about my treatment. She was trained in HIPPA compliance right beside me and knows we are not supposed to talk about patients of the clinic. I am also a patient of one of the doctors here at the clinic. Now everyone in this small town knows that I have a drinking problem. I am loosing business as a direct result of this.
Is this a case of HIPPA violation since she no longer works for the clinic?
What legal action can be taken to stop her?
Is there a case for defamation or slander?
If I take action against her will it blowback onto our clinic?

Thank you,
J.

 

[racer72]

Is this a case of HIPPA violation since she no longer works for the clinic?

Only if your problem was treated at the clinic.

What legal action can be taken to stop her?

If what she is saying is the truth, you can do nothing.

Is there a case for defamation or slander?

Only if she is lying or telling untruths about you.

If I take action against her will it blowback onto our clinic?

Hard to say.

 

[DRTDEVL]

Tell me again... What is "HIPPA?"

Can't violate something that doesn't exist...

 

[notsmartmark]

Did the front desk attendant work at the treatment facility or at your work site? If she worked at your work site and did not receive your medical info in your treatment, HIPPA would seem not to apply. Did she learn of your treatment either from you directly or indirectly, by someone you told? It sounds like it's probably not a HIPPA violation. As was already said, it's not slander if it is true.

I think given the information you provided (alcoholism and that the cat's already out of the bag) you should take a path that would be better for your recovery and your health. Own your alcoholism. Do it for yourself, those who care about you, and your clients. And, confront the attendent either through letter or over lunch. Let her know that her behavior is hurting you.