Hazelden sued for breach of privacy

Hoping to confront a years-long alcohol dependence and maybe save her marriage, a 47-year-old Minnesota woman checked into the world-renowned Hazelden Treatment Center in June.

She insisted that her husband, who was out of town, not be informed of her whereabouts. That knowledge "could further influence and burden her husband's role'' in their troubled relationship, the woman feared.

The forms she signed said Hazelden couldn't release any information about her presence in the program or her status, and that Hazelden was authorized to notify her husband only in a crisis.

But a counselor contacted the woman's husband about her treatment, in what Hazelden CEO Mark Mishek now acknowledges was "a breach in privacy."

And the woman is suing Hazelden for more than $50,000 in damages on the grounds that it violated her privacy, caused her extreme distress and hindered her attempt at recovery.

The woman, identified in court papers only as L.B., declined an interview request through her lawyer, Robert Vaccaro. He called Hazelden's actions a "straightforward and serious breach of patient privacy."

In its formal legal response, Hazelden said the counselor, identified in filings as Penelope Stewart, misunderstood L.B.'s instructions and notified her supervisors immediately after realizing her error. In a written statement, CEO Mishek said Hazelden has apologized to the client and is "working to amicably resolve the matter."

The lawsuit, filed in Hennepin County District Court, claims Hazelden violated the state Health Records Act and its own privacy standards. In response, Hazelden admits it "negligently disclosed" information to L.B.'s husband, identified only as "Scott," but denied that it intentionally violated her privacy.

Hazelden's response also said any damages suffered by L.B. "were caused, in whole or in part" by her own negligence and failure to exercise reasonable care.

L.B. said in her suit that a day after checking in, she met with counselor Stewart and emphasized that she didn't want her husband involved. Hazelden admits the meeting took place but denies that L.B. "reemphasized or was otherwise clear" with Stewart on her choice to list her husband as a "crisis-only contact."

On June 30, the lawsuit said, Stewart called the husband to discuss L.B.'s treatment and ask whether he had begun divorce proceedings. She told him that Hazelden offered free counseling to one family member and that it could be beneficial for him to attend the family program.

Stewart said she "would understand if he did not want to give L.B. the wrong message if he had firmly decided to obtain a divorce," the suit said. She also asked the husband how L.B. acted when she was drinking.

Hazelden agreed that Stewart contacted Scott, confirmed L.B.'s presence at Hazelden and asked for his view of L.B.'s chemical use history and the consequences. Stewart "believed she was authorized to do so" and was acting in the best interests of L.B., Hazelden's legal response said.

L.B.'s husband drove to Hazelden and told her of the unauthorized disclosure. He told her he wanted to end their marriage, which the lawsuit said is precisely the scenario L.B. feared.

Hazelden said L.B. told Stewart her husband was upset that Hazelden contacted him in violation of her privacy. Stewart checked the forms and realized her error. Hazelden said she immediately apologized and asked L.B. to file "an incident report." L.B. said that wasn't necessary, so Stewart "self-reported" the incident, the clinic's response said.

L.B. claims that after the breach, her treatment "declined significantly" and she "felt a powerful urge" to leave Hazelden. She continues to suffer humiliation, embarrassment and mental anguish, her suit said.

Hazelden's response said L.B. "successfully completed" treatment, was discharged and is "involved in continuing aftercare."

In his statement, Mishek said, "Protecting client confidentiality is a core value of Hazelden and has been for all of our 60 years. We require all staff to undergo extensive training on protecting client privacy, and we have clear policies and procedures in place to protect our clients."

As to L.B.'s current condition, Vaccaro said only, "She is making progress."

Rochelle Olson • 612-673-1747