Medical Marijuana User Sues Health Insurer for Violating HIPAA Privacy Rules

A woman is suing her healthcare provider, Spectrum Health Systems Inc., for revealing to her employer, Michigan-based Gentex Corp., that she uses medical marijuana, reports Business Insurance. The lawsuit, Lisa Richlich v. Spectrum Health Systems Inc., charges Spectrum with violating her privacy under the Health Insurance Portability and Accountability Act and forcing her subsequent resignation. Medical marijuana use is legal in Michigan.

Gentex had granted the employee medical family leave for neck surgery with the stipulation that she get medical certification from a physician at Spectrum. The physician noted in the certification that the woman uses marijuana “about five times a week,” as was prescribed by another physician. The employee tried unsuccessfully to have Spectrum remove references to her marijuana use. Meanwhile, Gentax asked that she accept a severance package and resign or face charges under the company’s substance abuse rules.

Thinking she was better off resigning with a severance package than...

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