Los Angeles HIPAA Violation Attorney

Privacy Litigation Attorney in Los Angeles, CA

In order to give patients more control over the privacy of their own medical records and health insurance information, the Department of Health and Human Services (DHHS) created the Health Insurance Portability and Accountability Act, more commonly known as HIPAA.

What is HIPAA?

This federal act – which is actually 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 they can disclose patient information, why they can, and to whom they can.

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. Contact us to speak with a HIPAA lawyer at a FREE consultation.

In general, information 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

Penalties for Violating HIPAA Rights in California

Virtually any sort of HIPAA violation can be seen as a criminal act, depending on the circumstances, and the full of extent of the law is sure to be used to punish the alleged offender. If evidence can assuredly point to intentional and knowing acts of violation, the United States Department of Justice can implement a $50,000 fine and one-year imprisonment as a penalty.

Deceiving a patient and using false pretenses to access or share their information carries a $100,000 fine and 5 years in prison. Selling or distributing an individual’s information for personal gain or deliberate harm to the patient may escalate sentencing to $250,000 and 10 years’ imprisonment.

HIPAA Violation Penalties for Employers

While the criminal penalties are harsh enough, they are not the only issue an accused HIPAA violator will need to face. After the implementation of the American Recovery and Reinvestment Act of 2009, patients whose private information has been wrongly accessed may file civil lawsuits against the accused. Depending on the type and amount of given data, civil penalties can range into the millions in compensation. Additionally, even if you did not intentionally violate HIPAA regulations, you could be found liable in a civil lawsuit.

Get the HIPAA and Protected Health Information Privacy Answers You Need

Whether you are a patient, employee, healthcare provider, or employer, it is critical that you understand your rights, remedies, and obligations under HIPAA. We at Dorros Law have significant experience guiding clients through the complex and often confusing laws and issues related to HIPAA, medical records, and protected health information (PHI) privacy and protection. If you have questions or concerns about HIPAA or PHI privacy and protection, our privacy and commercial litigation attorneys at Dorros Law are here to help and answer your questions. Contact us today for a free consultation with a HIPAA lawyer.

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