Release by Employer of Protected Health Information Disclosed at Child Custody Hearing
2008-09-26 14:36:54 (GMT) (Caymanmama.com - Government Law News)
Greenboro, North Carolina (CaymanMama.com) — An Apex, North Carolina couple filed a civil suit in Wake County Superior Court against the husband’s former employer(s), The Woodmoor Group Inc. and Accuro Healthcare Solutions, Inc., acquired by MedAssets, Inc., for damages suffered after the company disclosed protected health information.
The couple is seeking an undisclosed amount of damages against MedAssets as a result of senior management disclosing protect health insurance information about the couple and the husband’s minor children as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The company released incorrect protected information, without a court order, authorization or verification of the requesting party, who was the husband’s former wife, unbeknownst to the couple while they and the minor children were protected by a Domestic Violence Protective Order as a result of the minor children’s mother and current husband threatening to withhold food, electricity and not allowing the children to use their facilities.
During a custody hearing held in Wake County, information disclosed by the husband’s former employer was presented, which biased the outcome of the hearing, resulted in the reversal of custody back to the mother and the former employee being found in civil contempt and ordered to pay his ex-wife’s attorney fees.
MedAssets partners with hospitals and health systems to enhance their financial strength through improved operating margins and cash flow and is defined as a “business associate” to their customers under HIPAA. HIPAA regulations requires MedAssets to enter into business associate agreements that provides adequate written assurances to their customers how they will handle and secure personal health information.
When the couple learned about the disclosure after the court hearing, they contacted the company’s human resource department and former supervisor responsible for releasing the information and were advised “the company had no policy on release of information” and “could not provide any information surrounding the request” including when and how the request was made.
The husband’s former supervisor continues to initiate contact and intimidate him and the couple has been threatened by legal counsel for MedAssets, Kilpatrick and Stockton, to dismiss their litigation or the company would seek legal fees from the couple by filing a Rule 11 Motion against them.
“We don’t have the financial resources to pay an attorney to represent us. We are asking the Court to grant us a jury trial in this matter,” said the couple. “What they did with our private protected information was wrong. They knew there was a Domestic Violence Protective Order in place and under no circumstances should have disclosed confidential protected information to an unauthorized third party in addition to it being incorrect information. You can’t put a price on what we have lost as a result of this.”
A Motion to Dismiss by MedAssets is scheduled to be heard on October 16, 2008, in Wake County Superior Court.
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