Los Angeles HIPAA Violation Lawyer
Trusted 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.
Understanding HIPAA: What You Need to Know
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.
Entities Required to Follow HIPAA Regulations:
- Medical service providers
- Health or nursing care facilities
- Health insurers
- Plans sponsored by employment
- Independent contractors working for the aforementioned parties
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
Need Assistance with a HIPAA Violation? Contact a Los Angeles HIPAA violation attorney at (310) 935-0621 or contact us online today to learn more about your rights.
Understanding Penalties for HIPAA Violations 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.
Consequences of HIPAA Violations 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.
Commonly Asked Questions
What are some common HIPAA violations?
Some common HIPAA violations include failing to properly safeguard patient information, unauthorized access to medical records, and sharing sensitive information without the patient’s consent. These breaches can lead to serious consequences for both healthcare providers and patients. Our experienced Los Angeles HIPAA violations lawyers at Dorros Law can provide the guidance and legal support you need to protect your rights and navigate these complex situations. Call (310) 935-0621 to learn how we can help.
Why hire our HIPAA violation attorney in Los Angeles?
Our firm is dedicated, professional, and highly experienced in handling complex cases. We understand the stress, frustration, and potential consequences that can arise from HIPAA violations. You can trust us to provide knowledgeable guidance and personalized support every step of the way. No matter if you are an employer, patient, or healthcare provider, our team at Dorros Law can guide you.
Get Answers About HIPAA and Protected Health Information Privacy
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.
Start now by calling our HIPAA law attorneys near you at Dorros Law. Call (310) 935-0621 or by submitting an online contact form.