1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

HIPAA violation - Hospital Empl gave out my contact info

Discussion in 'Health Insurance, HMO, HIPAA & Disability' started by wemar765, Oct 7, 2008.

Thread Status:
Not open for further replies.
  1. wemar765

    wemar765 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    Hi,

    I want to know if I have a case to sue a hospital employee for HIPAA violation. The employee gave my address, phone number and my son's medical information to my son's father. I am not involved with his father and purposely did not provide his father with my contact information or medical information. The employee who is also the girlfriend of my son's father has been fired for HIPAA violation but I want to know if I have a case to sue her.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,183
    Likes Received:
    625
    Trophy Points:
    113

    Penalties Under HIPAA

    42 USC 1320d-5 General penalty for failure to comply with requirements and standards

    (a) General penalty
    (1) In general Except as provided in subsection (b), the Secretary shall impose on any person who violates a provision of this part a penalty of not more than $100 for each such violation, except that the total amount imposed on the person for all violations of an identical requirement or prohibition during a calendar year may not exceed $25,000.

    * * *

    42 USC 1320d-6 Wrongful disclosure of individually identifiable health information

    (a) Offense

    A person who knowingly and in violation of this part-
    (1) uses or causes to be used a unique health identifier; (2) obtains individually identifiable health information relating to an individual; or (3) discloses individually identifiable health information to another person,

    shall be punished as provided in subsection (b).

    (b) Penalties

    A person described in subsection (a) shall-
    (1) be fined not more than $50,000, imprisoned not more than 1 year, or both; (2) if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and (3) if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both.
     
  3. shelly7070

    shelly7070 New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Awareness

    The initiative taken for the concern is very serious and need an
    attention of every one. This is the concern which exists in the
    society and people should be aware of their legal rights.
    Shelly Smith
     
  4. shelly7070

    shelly7070 New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
  5. nykia2kids

    nykia2kids New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Hippaa

    I withdrew money from my retirement fund as a hardship. Whenever my retirement notices are sent out, on the front of the envelope it states that I have taken a hardship and the dates that they were taken. I am wondering if that is a HIPPAA LAW violation? No one in the post office needs to know that. I have ask several times to stop it. They did stop at one point now it is happening again.
     
  6. BayState

    BayState Moderator

    Messages:
    730
    Likes Received:
    52
    Trophy Points:
    0

    You NEED to start your own thread as opposed to "hijacking" a "dead" thread that "belongs" to another member.
     
  7. nykia2kids

    nykia2kids New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0

Share This Page

Thread Status:
Not open for further replies.