If a Former Spouse Violated Your HIPAA Rights, Contact Our Ex-Husbands and Ex-Wives Health Record Privacy Lawyer 

Divorce can bring out the worst in people, especially when sensitive medical information is involved. According to the U.S. Department of Health and Human Services, roughly 700 major health data breaches are reported each year across the country. Many of these breaches involve individuals who misuse their access to electronic health records for personal reasons. In Hennepin County and throughout Minneapolis, Minnesota, former spouses represent one of the most common categories of people who improperly access protected health information. When a marriage ends, former spouses who work in healthcare may use their login credentials to spy on a former spouse’s medical records. Former spouses may also continue to access your health records through credentials saved on a previously shared device like a laptop, tablet or phone, or may even boldly call health offices representing that they are still your spouse and demanding to know information that they are not entitled to anymore. If this sounds familiar, contact an ex-husbands or ex-wives health record privacy lawyer for help.

At Kuhlman Law, attorney Christopher Kuhlman is a dedicated ex-husbands and ex-wives health record privacy lawyer who fights for victims of health record privacy violations in Minneapolis and throughout the rest of Minnesota. Chris understands how devastating it can be to learn that someone you once trusted has accessed your most private health information. If your former spouse improperly viewed your medical records, contact Kuhlman Law today for a free consultation. There are no out-of-pocket costs to begin your case.

The Minnesota Health Records Act vs. HIPAA: Your Right to Sue

Two main laws protect your medical records: the federal Health Insurance Portability and Accountability Act (HIPAA)and the Minnesota Health Records Act (MHRA). Although HIPAA sets baseline privacy standards for healthcare providers across the nation, it does not give you the right to file a lawsuit against a violator. The MHRA is different. Under Minnesota law, you have a private right of action, which means you can sue a healthcare provider or individual who improperly accesses or releases your protected health information. This distinction is critical for victims of health record snooping by ex-husbands and ex-wives in Minneapolis and throughout the state.

How an Ex-Husband or Ex-Wife Can Access Your Health Records

Former spouses who work in the healthcare industry have unique opportunities to violate your privacy. An ex-husband or ex-wife employed at a hospital, medical clinic, or insurance company in the Twin Cities area may use their work credentials to look up your medical records in electronic health record systems. This type of snooping is illegal under both HIPAA and the MHRA, regardless of whether the person is still listed as an emergency contact or was once authorized to access your records during the marriage.

Even if your former spouse does not work in healthcare, they may convince a friend, relative, or coworker who does to look up your records on their behalf. This kind of arrangement also violates Minnesota law and can expose both the person who accessed the records and the healthcare facility that failed to prevent the unauthorized access.

Moreover, former spouses who do not work in healthcare may also continue to access your health information in certain other ways. This includes logging onto your accounts from saved passwords on tablets, laptops, computers, phones or other devices. It could mean looking at emails that a former spouse may still have access to. In addition, former spouses may even call health offices and ask about your medical records – still holding themselves out as your spouse in order to obtain access to what they should not be able to see.

Types of Health Records Former Spouses Could Access Unlawfully

The types of sensitive medical information that a former spouse might uncover through unauthorized access can be deeply personal and damaging. Understanding what is at stake can help you recognize the severity of this type of privacy violation. 

An ex-husbands and ex-wives health record privacy lawyer like Chris Kuhlman can help you take action if any of the following types of information were accessed without your consent:

• Mental health treatment records, including therapy sessions and psychiatric medications
• Reproductive health information, such as pregnancy tests, fertility treatments, or abortion records
• Substance abuse or chemical dependency treatment history
• Sexually transmitted infection (STI) testing and results
• Prescription medication history, including controlled substances
• Emergency department visits and the reasons for those visits
• Diagnoses of chronic conditions such as HIV, cancer, or autoimmune diseases
• Abortion records, as well as miscarriage or other related records
• Disability status and conditions, including records that could be used against you at work
• Records pertaining to claims of abuse, in order to get an advantage against you in a divorce or family court proceeding, and
• Any other protected health record that a former spouse simply has no right to access, in which case you should always call an experienced ex-husbands and ex-wives health record privacy lawyer in Minneapolis for help.

How Unauthorized Access by a Former Spouse Can Harm You

When ex-husbands or ex-wives accesses your medical records without permission, the consequences can be severe and far-reaching. In Hennepin County family courts, former spouses have been known to use improperly obtained health information in custody battles, divorce proceedings, or to harass and intimidate. An ex-spouse could share your private medical details with mutual friends, family members, or even on social media to embarrass or control you. Worse, former spouses could use your health records to harm your employment prospects or current employer.

The emotional impact of this kind of violation is real. Victims often report feelings of anxiety, loss of sleep, depression, and a deep sense of betrayal. According to the Office for Civil Rights at HHS, unauthorized access to health records by individuals with personal motives remains one of the most commonly reported types of HIPAA complaints nationwide. You deserve protection, and Minnesota law provides it.

Your Former Spouse Does Not Have a Right to Your Medical Records After Divorce

Once a marriage ends, any prior authorization your spouse had to access your health records typically expires. Even if you once signed a release allowing your husband or wife to communicate with your doctors, that consent can be revoked at any time. A healthcare provider that continues to share your medical information with a former spouse after being notified of a revocation may be liable under the MHRA.

Steps to Protect Your Health Records from an Ex-Spouse in Minneapolis

If you suspect that your former husband or wife has accessed your medical records, there are steps you can take right away to protect yourself and your family. Health records privacy lawyer Chris Kuhlman recommends the following actions for anyone in Minnesota who believes a former spouse violated their health record privacy:

• Contact a Minnesota health record privacy violation lawyer immediately for a free case evaluation
• Request an audit trail or access log from your healthcare provider, as required under the MHRA and HIPAA
• Revoke any existing authorizations that may list your former spouse as someone allowed to access your records
• Document any evidence of the breach, including dates, conversations, or messages
• File a complaint with the healthcare facility’s privacy officer
• Report the violation to the Minnesota Department of Health and the HHS Office for Civil Rights
• Change your passwords to your devices, email accounts, and health record accounts, and
• Perform other reasonable steps as needed to protect your health record privacy rights in Minnesota.

Holding Healthcare Providers Accountable for Ex-Spouse Snooping

Healthcare facilities in Minneapolis and throughout Hennepin County have a legal obligation to safeguard your medical records. When a hospital, clinic, or medical practice fails to prevent ex-husbands or ex-wives from improperly accessing your health information, that facility may also be liable under the MHRA. Providers must implement proper access controls, regularly audit who views patient records, and promptly terminate access for employees who misuse their credentials.

Attorney Christopher Kuhlman has experience holding healthcare companies accountable for their role in allowing unauthorized access. Whether the violation occurred at a major Minneapolis hospital or a smaller suburban clinic, Kuhlman Law can investigate the breach and pursue the compensation you deserve.

Contact an Experienced Ex-Husbands and Ex-Wives Health Record Privacy Lawyer for a Free Consultation

If your former husband or wife improperly accessed your medical records, you do not have to face this alone. The Minnesota Health Records Act provides victims with the right to pursue compensatory damages, litigation costs, and reasonable attorney fees. Health Record Privacy Lawyer Christopher Kuhlman at Kuhlman Law offers free consultations and works on a contingency fee basis, meaning you pay nothing unless your case is successful. Contact Chris today to discuss your situation and learn how he can protect your rights.