Pharmacy Hipaa Laws
pharmacy hipaa laws
Is spam saying I have a medical condition a violation of the HIPAA law concerning privacy of medical records?
When I go to a doctor or pharmacy, I am supposed to sign something about my rights under a law called “HIPAA” to have my medical information be kept private and not be disclosed without my consent.
Someone keeps sending spam that tells all the recipients that we all have a medical condition, are not alone, and can treat it by buying something that I suspect is a scam, but that is not the reason for this question.
How much money can I get if I sue the person sending the spam for unlawfully saying that I have the medical condition identified in the spam?
Would it matter if I do not really have the medical condition? Does the disclosed information need to be accurate to be illegal?
The HIPAA violation is telling everyone else who received the e-mail that I have the medical condition (which I do not). It has nothing to do with this being spam or a scam, just with e-mailing the medical info to strangers.
The spam you’re talking about is promoting a scam, so it is not really legal by itself. It has nothing to do with HIPAA and everything to do with sending random people a form letter phishing for information.
ADD:
Also HIPAA protects your actual medical information. Made-up information is not covered. Nobody reasonable is going to think that a spam represents real medical information about you.
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