Assume that a long-term patient of the pharmacy has several prescriptions on file. You access those files to determine which medications the patient has taken in the past and is currently using. You then tell your spouse about this information. Assume further that the patient learns of this spousal discussion. Is the patient allowed to sue you and the pharmacy for breach of privacy rights under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)?According to one recent case, the answer is yes, at least indirectly. In 2013, an Indiana jury found in favor of the plaintiff and awarded her a judgment in the amount of $1.44 million against the pharmacy (Walgreens) that had employed the pharmacist who had breached the HIPAA privacy rights.
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