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Can I sue for hipaa violation?

Can I Sue for HIPAA Violation?

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that aims to protect the privacy and security of individuals’ health information. In the event of a HIPAA violation, individuals may be left wondering if they can take legal action against the offending party. In this article, we will explore the answer to this question and provide guidance on the legal options available to individuals who have suffered a HIPAA violation.

Can I Sue for HIPAA Violation?

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The short answer is yes, but it’s not as simple as just suing for a HIPAA violation. HIPAA provides a framework for protecting individuals’ health information, and it also sets out penalties for violations. However, the law does not explicitly allow individuals to sue for HIPAA violations.

Who Can Sue for HIPAA Violations?

Under HIPAA, only covered entities (CEs) and business associates (BAs) can be held liable for violations. CEs are healthcare providers, health plans, and healthcare clearinghouses that transmit health information electronically. BAs are entities that provide services or products to CEs and have access to protected health information (PHI).

Types of HIPAA Violations

There are several types of HIPAA violations, including:

  • Unauthorized Disclosure: The unauthorized disclosure of PHI, including breaches of confidentiality or unauthorized access to PHI.
  • Intentional Disclosure: The intentional disclosure of PHI, including breaches of confidentiality or unauthorized access to PHI with the intent to cause harm.
  • Unsecured PHI: The failure to properly secure PHI, including failure to encrypt or store PHI in a secure manner.

Penalties for HIPAA Violations

HIPAA violations can result in significant penalties, including:

  • Civil Monetary Penalties: The Secretary of the Department of Health and Human Services (HHS) can impose civil monetary penalties on CEs and BAs that violate HIPAA.
  • Criminal Penalties: In some cases, HIPAA violations can result in criminal penalties, including fines and imprisonment.

Can I Sue for a HIPAA Violation?

While HIPAA does not explicitly allow individuals to sue for HIPAA violations, there are some legal options available:

  • State Law Claims: Individuals may be able to bring state law claims against CEs and BAs that violate HIPAA. These claims may include claims for:

    • Negligence: Failure to take reasonable care to protect PHI.
    • Breach of Confidentiality: Disclosure of PHI without consent.
    • Invasion of Privacy: Unauthorized access to or disclosure of PHI.
  • Common Law Claims: Individuals may be able to bring common law claims against CEs and BAs that violate HIPAA. These claims may include claims for:

    • Intentional Infliction of Emotional Distress: Intentional acts that cause emotional distress.
    • Defamation: False statements that harm an individual’s reputation.
    • Trespass to Chattels: Unauthorized access to or disclosure of PHI.

Examples of HIPAA Violations

Here are some examples of HIPAA violations:

Type of ViolationDescription
Unauthorized DisclosureA healthcare provider’s employee accidentally leaves a patient’s medical records on a bus.
Intentional DisclosureA healthcare provider’s employee intentionally discloses a patient’s medical information to a third party.
Unsecured PHIA healthcare provider fails to encrypt patient data, resulting in a data breach.

What to Do if You’ve Experienced a HIPAA Violation

If you’ve experienced a HIPAA violation, here are some steps you can take:

  • Report the Violation: Report the violation to the CE or BA and request an investigation.
  • Contact the HHS: Contact the HHS Office for Civil Rights (OCR) to report the violation and request an investigation.
  • Consult with an Attorney: Consult with an attorney to determine your legal options and to seek compensation for any harm caused by the violation.

Conclusion

While HIPAA does not explicitly allow individuals to sue for HIPAA violations, there are some legal options available. Individuals who have experienced a HIPAA violation may be able to bring state law claims or common law claims against CEs and BAs. It’s important to note that HIPAA violations can result in significant penalties, including civil and criminal penalties. If you’ve experienced a HIPAA violation, it’s important to report the violation and seek legal advice to determine your legal options.

References

  • HIPAA Violations and Penalties: HealthIT.gov
  • State Law Claims: Health Law Section, American Bar Association
  • Common Law Claims: American Tort Reform Association
  • HIPAA Violation Examples: HIPAA Journal
  • What to Do if You’ve Experienced a HIPAA Violation: HIPAA Training Institute

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