The Health Insurance Portability and Accountability Act of 1996 (HIPAA) encompasses various public health regulations, with its Privacy Rules situated under Title II of the Act. These rules are designed to safeguard patients’ rights by setting national standards for the protection of medical information. Covered aspects include medical records, electronic health records, personal medical information, and private health information (PHI), along with health plans and healthcare-related electronic or financial transactions.
Under HIPAA, healthcare entities are mandated to provide patients with a statement of their privacy practices detailing how personal health information may be used and disclosed to insurance companies and other medical professionals. This notice must clearly outline the privacy measures in place to protect patient data. If you believe your personal health information has been violated, speak with the HIPAA violations lawyers of Goza & Honnold.
Overview of HIPAA Violations
A HIPAA violation is when there is a failure to comply with the standards set by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), particularly regarding the protection and confidential handling of protected health information (PHI). HIPAA sets forth national standards to protect confidential patient health information from being disclosed without his or her consent or knowledge.
Violations of HIPAA can occur in various forms, including but not limited to:
- Unauthorized Access/Disclosure: This happens when PHI is accessed or disclosed without proper authorization, which can occur through breaches in digital security or improper handling of physical records.
- Failure to Secure PHI: HIPAA requires that covered entities and their business associates take reasonable steps to ensure the security of PHI, whether it is stored electronically or in paper form. Failure to implement sufficient security measures leads to potential violations.
- Lack of Patient Rights: Patients have specific rights under HIPAA, such as the right to access their health records, request corrections, and obtain a notice of privacy practices from healthcare providers. Denying these rights can also constitute a HIPAA violation.
- Improper Disposal of Records: Disposing of PHI without ensuring it is unreadable and cannot be reconstructed is a violation. PHI should be shredded, destroyed, or securely erased.
- Failure to Report a Breach: Covered entities must report any breach of PHI affecting more than 500 individuals to the HHS, affected individuals, and, in some cases, the media. Failure to report such a breach in a timely manner is a violation.
HIPAA violations are taken seriously and can result in significant penalties, including fines and corrective action plans imposed by the Office for Civil Rights of the Department of Health and Human Services. In some cases, violations can also lead to criminal charges. Therefore, healthcare providers and their associates are highly motivated to maintain rigorous compliance with HIPAA regulations to protect patient information and avoid serious consequences.
What Legal Rights Do You Have If You Suffered a HIPAA Violation?
Patients cannot directly sue for a HIPAA violation under HIPAA itself, as the law does not provide a private cause of action. This means that even if a healthcare provider clearly breaches HIPAA rules and causes harm, patients cannot seek damages under HIPAA regulations.
However, this does not leave patients without legal recourse. Although HIPAA does not allow for private lawsuits, individuals can still pursue legal action under state laws for related violations.
For instance, patients may file lawsuits based on negligence or breach of an implied contract if a healthcare provider fails to adequately safeguard medical records. In these scenarios, patients must demonstrate that they suffered damages due to the provider’s negligence or the mishandling of their personal information.
It’s important to note that only “covered entities” are obligated to adhere to HIPAA. These entities include healthcare providers that engage in certain electronic transactions, clearinghouses, and health plans. Patients looking to take legal action must first verify that the organization in question is classified as a covered entity under HIPAA.
The principle of patient confidentiality is fundamental to the healthcare system. For instance, a psychotherapy practice is required to communicate to its patients the measures it takes to protect their mental health information. Any unauthorized sharing of this information could constitute a HIPAA violation.
What If Your PHI Has Been Compromised in a Data Breach?
If you discover that your protected health information (PHI) has been compromised due to a data breach at a healthcare facility or suspect that your PHI has been stolen, you might be eligible to pursue legal action against the entity responsible for the breach to seek compensation for any resulting damages or losses.
Your initial step should be to submit a complaint via the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS). This can be done either online via the OCR website or by submitting a written complaint using the OCR’s official complaint form. It’s advisable to retain a copy of your complaint for your records and to provide it to the lawyers of Goza & Honnold.
After filing the complaint, the next action is to consult with the lawyers of Goza & Honnold, who can guide you in taking legal steps against the HIPAA-covered entity involved in the breach.
Speak With the HIPAA Violation Lawyers of Goza & Honnold
If you believe your health information has been compromised, contacting us at Goza & Honnold is a crucial first step. We understand the complexities surrounding HIPAA regulations and the impact of violations on your privacy. Our team is committed to holding healthcare entities accountable for any breaches, ensuring your rights are protected.
The experienced attorneys of Goza & Honnold have a deep understanding of the nuances involved in HIPAA cases. We work diligently to investigate and build a strong case on your behalf. If a healthcare provider’s negligence has resulted in unauthorized access or disclosure of your PHI, we can help you pursue appropriate legal action. Contact us at (913) 451-3433 or visit our contact form to discuss your situation and explore your options.