HIPAA claims..

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.