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HIPAA claims..

Discussion in 'Medical Leave & Disability' started by army judge, Mar 24, 2017.

  1. army judge

    army judge Law Topic Starter Super Moderator

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    I attended one of our county bar association CLE sessions yesterday.

    One of our local attorneys, an expert in HIPAA law issues sent a general response to other bar members this morning about a session he presented yesterday on HIPAA.

    The following information was in regard to a question he received yesterday about the statute of limitations for making HIPAA claims:

    There is no private right of action under HIPAA.

    A person with a grievance should file the claim with the Office of Civil Rights through the Department of Health and Human Services <--or--> through Medicare or Medicaid within 180 days of the alleged violation.

    It is up to DHHS to bring any charge(s).

    DHHS has 6 years to pursue the charge, if they so determine.

    Any civil penalties are paid to the government, not the claimant.

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