Los Angeles HIPAA Violation Attorney

Protecting Healthcare Information for California Residents

To give patients more control over the privacy of their medical records and health insurance information, the Department of Health and Human Services (HHS) created the Health Insurance Portability and Accountability Act, or HIPAA. This federal act – which is an extension of the Privacy Act of 1974 – shields patients and their past health issues from prying eyes that reasonably should have no interest in their private matters. It does this by telling certain entities specific guidelines as to when, why, and to whom they can disclose patient information.

It is worth noting that employers do not have express authorization under HIPAA to view an employee’s medical records. Many HIPAA violation cases arise from employers prying into employee affairs after workplace accidents or injuries. When these and other violations happen, wronged patients can take legal action.

When Can Protected Health Information Be Disclosed?

In general, protected health information (PHI) can be disclosed to third parties if:

• The patient makes the request (30-day window of opportunity)
• Law enforcement requires information for investigation
• Treatment or payment for the patient requires disclosure

Data Breaches & How These Relate to HIPAA Violations

Under HIPAA, a data breach is considered any instance involving “an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information." Even if this use or disclosure is accidental, it is still considered a breach.

Healthcare facilities, medical service providers, and all entities required to comply with HIPAA regulations must take specific actions in the event of a data breach or cyberattack that has compromised protected health information. The HIPAA Breach Notification Rule requires these entities to notify patients, the U.S. Department of Health and Human Services (HHS), and/or the media within 60 days. If the breach involves the information of more than 500 people, the entity must notify a prominent media outlet in the jurisdiction where the breach occurred, as well as the HHS and all impacted individuals.

Taking Legal Action After a HIPAA Violation

After the implementation of the American Recovery and Reinvestment Act of 2009, patients whose private information has been wrongly accessed may file healthcare civil lawsuits against the accused. Depending on the type and amount of given data, civil penalties can range into the millions in compensation. Even unintentional HIPAA violations can lead to civil suits and civil liability. At-fault parties may also face criminal penalties.

Talk to a Los Angeles HIPAA Violation Attorney

If your protected health information has been compromised in any way, you could suffer serious consequences. At Dorros Law, we are committed to helping patients and employees throughout the Los Angeles area who have been wronged as a result of HIPAA violations. We recognize how damaging these violations can be to all aspects of your life, and we can guide you toward a resolution that allows you to recoup your losses and face a brighter future. Because every case is different, we recommend scheduling your review with our firm as soon as possible.