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HIPAA Violation Pennsylvania

Discussion in 'Health Insurance, HMO, HIPAA & Disability' started by Steve in PA, Aug 21, 2016.

  1. Steve in PA

    Steve in PA Law Topic Starter Guest

    Jurisdiction:
    Pennsylvania
    My health insurance provider inadvertently mailed a summary of benefits that contained private information about my wife to my brother.

    There were no damages. I think HIPAA doesn't provide a private cause of action unless damages occur. Are there any other federal or PA laws that I can look at to see if they apply to this situation?
     
  2. mightymoose

    mightymoose Moderator

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    Inadvertent action + no damages= non-issue.

    There is nothing to pursue, no remedy to seek.
     
  3. cbg

    cbg Super Moderator

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    What is your ultimate goal here?
     
  4. Betty3

    Betty3 Super Moderator

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    It was an "honest error" & no damages, I see no cause of action. Why the concern?
     
  5. cbg

    cbg Super Moderator

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    Depending on the OP's answer to my question, I *may* have a suggestion for him but it depends on what he is trying to do.
     
  6. ElleMD

    ElleMD Well-Known Member

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    You are correct there is no private right of action under HIPAA. You can report it to HHS, but I would not expect much to happen based on a one time honest mistake with no damages.
     

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