I was recently hospitalized for a very very personal reason, before leaving on the ambulance they had got my 19 going on 20 year old daughters information, phone birth date etc. When in the ER I had to be put on a ventilator. I live in Maine. Someone from the ER went on my call phone called a sister that I have not spoken to in a very long time, from my cell phone. My children found out through this sister. I am thinking they went on my facebook app to find out she was my sister in the first place. I might add she lives in Pennsylvania, not Maine. And I do remember someone saying something about my facebook because I was in and out. Before I was even taken off the ventilator this was posted on facebook thanks to my sister. Now, everyone knows, and I have gotten many messages asking me about it. I have had a lot of anxiety over this which is really not what I need right now. I have tried to talk to the hospital about the matter and the fact they did have my next of kin information, showed them the posts on facebook. And all they gave me was well at least it was a positive post. Which to me, it really wasnt. I havent spoke to them for a reason. Is there anything I can do about this?
This is unfortunate, however if the hospital was unable to reach your daughter, and you were in critical condition, a search for your nearest living adult relative is understandable. It may very well be a violation of HIPAA. However, HIPAA does not provide for a private recovery for a violation. You can make a complaint alleging a HIPAA violation with your state's attorney general or department of regulatory agencies. The complaint may, or may not be pursued. You will not receive anything for making the complaint, but the hospital could be fined for the violation.
HIPAA attempts to balance privacy with the need for information to take care of patients, bill for that care, etc. Under the HIPAA regulations providers have wide latitude to use their professional judgment in contacting family members and sharing information with them. From what you have shared above, I don't think that the Office for Civil Rights would find a violation. But it is your right to take it to them - and cheers for first giving the hospital a chance to look into what happened. I'm including a link below about OCR's process.
FYI -- OCR has a large backlog, so think months if not a year before they get back to you with a final answer.
