Patient is diagnosed with HIV

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Reference no: EM13289265

A patient is diagnosed with HIV. The patient has health insurance through his employer. The employer offers insurance through a self-insure plan. This means that the employer essentially manages and pays all the employees claims; therefore, they have access to the medical records for purposes of payments. The director of benefits for the employer receives all the claims and requests for payment. The director discovers that the employee has been diagnosed with HIV. He feels that the employee should have told the employer this information, and it is wrong to conceal it. He immediately tells the CEO and some additional senior executives. The employee is not treated any differently, and there is no adverse employment decision against him. He does find out that his private information has been disclosed without his consent. If he did not experience any negative actions against him at work as a result of the disclosure, does he still have a (legal) complaint? What if any claims could he bring? What are the potential monetary damages under HIPAA, if any (be specific)? Are there any other penalties, other than monetary, that the company and the director could be charged with?

Reference no: EM13289265

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