Can A Patient File Suit Against Me For Violating Hipaa?

995 WordsSep 5, 20154 Pages
Can a patient file suit against me for violating HIPAA? The answer is no. If a patient’s rights are violated under Health Insurance Portability and Accountability Act (“HIPAA”), the patient does not have a specific private right of action. This means that a patient cannot use a HIPAA violation as a direct cause of action in a privacy lawsuit. The law creates a right to privacy only, not a right to sue. However, if a HIPAA violations occurs, the violation can serve as a breach of duty, negligence or professional malpractice by the pharmacist and such cases can be brought under state laws. The Law HIPAA, signed into law in 1996, addresses various healthcare issues including insurance coverages, tax-related provisions and group health insurance requirements. HIPPA includes the Privacy Rule which establishes national standards to safeguard patient’s protected healthcare information (“PHI”) including medical records and gives patients access to their health information. These standards apply to health plans, health care clearinghouses and providers who manage healthcare transactions electronically including pharmacists and pharmacy staff. HIPAA Privacy Rule also allows for a practitioner or covered entity to use or disclose Minimum Necessity information pertaining to a patient’s health condition or status. Minimum Necessity is the minimum PHI required to accomplish the intended purpose surrounding the care of the patient. Every patient has the right under HIPAA to obtain copies

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