A New York based hospital center focusing on services for individuals living with HIV, AIDs and other chronic diseases is being sued even after entering into a HIPAA settlement with the Office of Civil Rights.
St. Luke’s-Roosevelt Hospital Center Inc. faxed an individual’s information to his employer instead of to his requested private post office box. It also faxed another individual’s PHI to an office where he volunteered. The Office of Civil Rights found that given the type of PHI involved, specifically information about HIV, AIDS, and mental health, the impermissible disclosures were egregious. St. Luke’s entered into a corrective action plan and a $387,000 settlement in May 2017.
In September, the impacted individual brought a private law suit against St. Luke’s. According to the attorney handling the case, the disclosure was so egregious it is causing the individual mental distress. The plaintiff is suing St. Luke’s for negligence and negligent infliction of emotional distress.