Besides desperate suitors, some of the people who can’t seem to take “no” for an answer are pesky marketers and advertisers. And Reddit user Ochre_Circuit is convinced her clinic in North Carolina sold her off to such people after she started receiving coincidental robocalls and targeted flyers after receiving her diagnosis. This happened after she had “specifically made sure to check ‘NO’ on every optional box asking to share information for partner promotions, marketing, or research.”
Just two weeks after being diagnosed with obstructive sleep apnea, Ochre_Circuit says she began receiving ad letters and voicemails that “explicitly cited her exact medical condition, the date of her test, and her treating physician’s name.” Needless to say, she was furious and called the clinic’s compliance officer to demand answers. After allegedly dodging her questions multiple times, the employee finally fessed up.
“She finally admitted that their network recently contracted with an external ‘patient analytics and outreach firm’ that had access to patient records,” explained Ochre_Circuit. The worker alleged that everything was legal and not out of the ordinary. However, OP felt that this “business associate” the compliance officer spoke of was nothing more than a “third-party sales entity trying to monetize her diagnosis.”
Filled with understandable frustration, Ochre_Circuit wrote, “I feel completely violated that my sensitive health history was handed over to an outside advertiser without my consent.” Now, she threw the ball into Reddit’s court, asking what options she has to pursue legal recourse against her clinic. In the post’s top comments, many pressed her to report the doctor and the clinic for HIPAA violations.
Reddit Called for the Woman to Report and Seek Legal Recourse
“Please report them. They can be issued up to a $50k fine PER infraction. I can guarantee you’re not the only patient whose PHI was released,” urged a user. The problem is that, according to HHS, the clinic had the legal right to share patient information with a business associate. What OP accuses them of is not having the right to use this knowledge to market products and service offers to her, which she purposefully wanted to opt out of.
It is most certainly within Ochre_Circuit’s rights to be upset and even file complaints and reports against the clinic. However, some digging will need to be done in the legal paperwork to figure out whether anyone really did overstep and “monetize” a patient, as OP accuses.
