HIPAA and suing need to be understood fully when contemplating action

HIPAA and suing are two important elements closely related to each other. When HIPAA and suing are discussed, what needs to be borne in mind is that an individual cannot sue HIPAA. Yes, you are reading it right. An individual cannot sue a Covered Entity or Business Associate for violation of privacy of medical records. So, does this mean that HIPAA is empowered with carte blanche powers to do what it likes with your medical records?
No. What has just been stated is that an individual cannot sue HIPAA itself, but can seek legal remedy when she believes that there has been an unlawful violation of her someone else’s privacy rights relating to her health information, or a breach of Privacy, Security, or Breach Notification Rules, by filing a complaint with the Office of Civil Rights (OCR) under State law.
Who can be sued?
HIPAA is clear about who can be sued for healthcare information privacy violations. An individual can seek legal action against a Covered Entity –consisting of any of these – health plans themselves, healthcare clearinghouses, or healthcare providers that use the electronic medium to carry out many of their transactions –or any of their Business Associates.
Provisions related to suing under HIPAA need to be fully understood before proceeding legally. Since HIPAA and suing is a legal matter, it needs to be completely understood if an individual is contemplating suing under HIPAA.
A webinar from MentorHealth on HIPAA and suingr
All the major aspects of HIPAA and suing will be the topic of a webinar that MentorHealth, a leading provider of professional trainings for all the areas of regulatory compliance, will be organizing. Brian Tuttle, a Certified Professional in Health IT (CPHIT), Certified HIPAA Professional (CHP), Certified Business Resilience Auditor (CBRA) with over 15 years’ experience in Health IT and Compliance Consulting, will be explaining all the important areas relating to HIPAA and suing.
To understand the core elements of HIPAA and suing, enroll for this important webinar by visiting http://www.mentorhealth.com/control/w_product/~product_id=800905LIVE/~sel=LIVE/~Brian_Tuttle/~HIPAA_and_Suing_-_Trial_Attorneys_Are_More_Dangerous_Than_The_Federal_Gove
ment. At this session, Brian will attempt to clear the major issues relating to HIPAA and suing and will give participants an understanding of the factors that could invite a letter or a visit by the Office of Civil Rights and ways of dealing with it.
In the course of explaining the ingredients relating to HIPAA and suing; Brian will cover the following areas:
o Updates for Omnibus
o Patients suing - how does this work
o Fines from HHS
o Audit process
o Real life audits and litigated cases
o New patient legal remedies and how to lower risks
o State laws and patient remedies
o Portable devices
o Emailing and texting
o Business associates and the increased burden
o Breach notification
o Risk factors for being sued or audited.