Question

Discussion Question #2: John works as an LPN at a Hollywood, California hospital. While distributing meds to the patients on his floor, he notices that the recently admitted patient in Room 402, named Jason Wilson, was really a well known actor in a popular television series. John called his wife to tell her about the celebrity patient on his floor. Was John 's statement to his wife a HIPAA violation? Can the actor sue for punitive damages?

Answer 1

Yes , John's statement to his wife is a HIPAA violation . It's a breach , an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information. Yes ,the actor can sue him for punitive damages.