HIpaa violations and Healthcare

Everyone knows that our medical records are private. The Health Insurance Privacy and Accountability Act (“HIPAA”) guarantees as much. Sadly, health records are not always kept secure, and it is all too often the case that breaches occur and confidential medical information has been leaked.

Illegal disclosure of your private health information is an intrusion of the worst kind. Violations of HIPAA are not only embarrassing, they are often traumatizing to the point of causing actual physical, mental and emotional distress. Frustratingly, HIPAA doesn’t give a victim whose health information has been revealed a private right of action. That means you can’t sue the wrongdoers based on the HIPAA law itself. However, there may be relief under state laws that will allow you to be compensated for your damages if your medical records are illegally accessed and/or disclosed. It’s important to act quickly. Time limits for administrative remedies (e.g. making a HIPAA violation complaint through the federal Office of Civil Rights) are extremely short, and if you miss these deadlines, you may lose your ability to bring a claim.

Attorney Contact: Emily Page Steele