Protecting the privacy of personal health information is of utmost importance in the medical field. Patients have the right to expect confidentiality and security regarding their medical records and other sensitive health information. In Missouri, you have a right to see and get a copy of your medical record, make changes to your medical records to correct any inaccuracies, file a complaint if a medical provider violated your rights, and pursue legal action for patient rights violations. If your privacy rights have been violated, speak with a HIPAA violations lawyer for an assessment of your case.
The Health Insurance Portability and Accountability Act (HIPAA) establishes the privacy standards for protected health information (PHI). It ensures that healthcare providers adhere to strict confidentiality guidelines. The lawyers of Goza & Honnold are prepared to fight on your behalf if your rights have been violated.
5 Most Common HIPAA Rights Violations
HIPAA violations can occur in various ways, including, but not limited to, the following:
1. Unauthorized Disclosure of PHI
One of the most prevalent violations is the unauthorized disclosure of private health information. This occurs when a healthcare provider or entity releases a patient’s protected health information without proper consent, authorization, or legitimate reason for disclosure. Examples include sharing PHI with unauthorized individuals, discussing patient information in public areas, or failing to secure electronic PHI properly.
2. Lack of Access to Medical Records
HIPAA grants patients the right to access their own medical records. However, some healthcare providers may deny or delay patient requests to access their records, failing to provide the requested information within a mandated time frame or charging excessive fees for copies. Denying patients their right to access their medical records is a HIPAA violation, and you may have the right to pursue legal action.
3. Inadequate Privacy Practices
HIPAA requires healthcare providers and entities to have proper safeguards and privacy practices in place to protect PHI. Violations occur when organizations fail to implement necessary security measures, such as encryption, password protection, or physical security controls. Inadequate staff training regarding privacy practices and the mishandling of PHI can also lead to violations.
4. Breach Notification Failures
HIPAA requires entities to promptly notify patients in the event of a breach of PHI. A breach occurs when there is unauthorized acquisition, access, use, or disclosure of PHI that compromises its security or privacy. Failure to notify affected parties in a timely manner or provide adequate information about the breach can constitute a HIPAA violation.
5. Lack of HIPAA Compliance Policies and Procedures
HIPAA requires entities to develop and implement policies and procedures to ensure compliance with medical privacy laws. Failing to have these in place or neglecting to update them to reflect current privacy standards can result in a HIPAA violation.
Overview of Your Medical Record Rights in Missouri
Both federal and Missouri laws provide certain rights when it comes to PHI, including the following:
- Obtain a copy of your medical record upon written request
- Add information to your medical record
- Obtain a notice that tells you how your health information may be used and shared
- File a complaint
- Seek legal action for violations
The lawyers of Goza & Honnold can assess whether your rights have been violated and will provide you with potential legal options to recover compensation for damages suffered as a result of a HIPAA violation.
Contact the HIPAA Violations Lawyers of Goza & Honnold
Understanding and protecting your rights under HIPAA is imperative to maintaining the privacy and security of protected health information. Unfortunately, violations of these rights are not uncommon. The lawyers of Goza & Honnold are prepared to fight for justice if your privacy has been compromised and you suffered harm as a result of a healthcare provider’s negligence.
Speak with one of our HIPAA violations lawyers during a free consultation by calling (913) 451-3433 or filling out a contact form today.