Pennsylvania HIPAA Violation

[Steve in PA]

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?

 

[mightymoose]

Inadvertent action + no damages= non-issue.

There is nothing to pursue, no remedy to seek.

 

[cbg]

What is your ultimate goal here?

 

[Betty3]

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

 

[cbg]

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.

 

[ElleMD]

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.