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HIPAA Law Violation

HIPAA laws are designed to protect a patient’s sensitive information, and the protection of that information can also protect the healthcare providers who curate it.

There are a number of legal structures in place to enforce HIPAA, making sure that all loopholes are closed. This means that patients have a lot of rights in regard to protection of their medical information, but it also means that even an unintentional slipup can land a healthcare employee and/or the organization they work for in hot water.

Here’s what you need to know.

What Is HIPAA Law?

Officially known as the Health Insurance Portability and Accountability Act of 1996, HIPAA law requires all healthcare facilities and any organization that manages healthcare data to have systems in place to protect that information from being released without the explicit consent of the patient.

HIPAA is a federal law, and the US Department of Health and Human Services (HSS) issued a HIPAA Privacy Rule that additionally requires that organizations implement HIPAA. Additionally, there is a HIPAA Security Rule that further protects health information.

What Is a HIPAA Law Violation?

HIPAA law is violated whenever healthcare information is released to any person, organization, or the public without consent of the individual whose information it is.

Some HIPAA law violation examples include:

  • A release of information to another doctor or healthcare provider without the explicit consent of the patient.
  • The release of information to a parent regarding any child over the age of 18.
  • The discussion of any medical information over the phone or in person.
  • The discussion of medical options with family members who are not immediately related to a patient even if there is an established long-term relationship and the person is unable to care for themselves.

Even an acknowledgement that someone is receiving services at a healthcare facility or by a specific provider is a violation of HIPAA.

For example, if someone were to call a treatment center and ask to speak to a specific patient, many organizations will refuse to even acknowledge whether or not that person is in residence or ever has been.

To provide any information regarding someone’s medical status, treatment status, diagnosis, or other issue can lead to serious legal trouble.

Can You Sue for a HIPAA Law Violation?

Yes. If you feel that your medical information was released without your consent to any party, you can sue. If you can demonstrate that there was damage to your ability to earn money, emotional damage, or any negative impact of that release of information, it is more likely that the case will be resolved in your favor.

How Do You Report a HIPAA Law Violation?

Florida Healthcare Law Firm is here to help you manage any difficulties you may be experiencing due to HIPAA law. Contact us today for more information.