Health Insurance Portability and Accountability Act

HIPAA stands for Health Insurance Portability and Accountability Act. Passed in 1996, HIPAA is a federal law that sets a national standard to protect medical records and other personal health information.

HIPAA and Privacy

Most Americans are familiar with HIPAA (the Health Insurance Portability and Accountability Act), which protects your medical information from disclosure by your medical provider without your consent. HIPAA was a transformative law that required all medical providers to take precautions to keep medical information from being disclosed. HIPAA’s requirements have led to education throughout the medical field to raise awareness on the value and importance of medical privacy. In this digital age, HIPAA has become more important than ever, as the simple click of a button can cause revelation of incredibly embarrassing and sensitive medical information to others.

Unfortunately, though most medical providers take their obligation seriously, from time to time, an individual working in a hospital or medical facility intentionally reviews or discloses private information, and sometimes for personal reasons. If you receive a letter from a hospital or become informed that someone has looked at your medical information, what options do have?

HIPAA has no “private cause of action.”

Unfortunately, HIPAA has no private cause of action, which means that Congress has not enabled individuals to sue over their medical rights. HIPAA is a regulatory rule that the government can enforce and that state medical boards can use to bring discipline related to a license. But as the victim of a disclosure, you don’t have authority to bring any HIPAA-related lawsuit. The Federal Government has not given the opportunity to sue, even if you were damaged, for HIPAA violations. This does not mean that you are out of luck, it just means that HIPAA itself is not the answer.

There are state law “intentional torts” that protect privacy.

Here in Pennsylvania, there are a number of common law tortes related to invasion of privacy. Pennsylvania offers a range of privacy torts including False Light Privacy, Invasion of Privacy, Intentional Infliction of Emotional Distress, Intrusion upon Seclusion and others. These private causes of action can use the violations that resulted in a HIPAA violation to bring suit against someone. And the fact that a disclosure is a per se HIPAA violation may have some preclusive effect in court in some situations.

Damages might be a problem.

Fortunately, in many invasion of privacy cases, the damages are minimal. This is good for you but bad for the lawsuit. While we may be able to bring suit for you, showing damages is difficult, and sometimes collecting on those damages is difficult. Nonetheless, if someone has wronged you and you want to make it right, a privacy tort under Pennsylvania law using the HIPAA violation may be the right approach.

Conclusion: Contact Cornerstone Law Firm today!

If you believe that your medical privacy was compromised, contact Cornerstone Law Firm to speak with an attorney to discuss and understand your options to proceed. Our lawyers can walk you through your situation and give you helpful advice. Call us today.