army judge
Super Moderator
- Jurisdiction
- Texas
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.
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.
