Put on leave for HIPAA violation against me?

by R
(Aurora, IL United States)

I think there was a HIPAA Violation at my workplace. I was hospitalized back in August and released the beginning of September. I had all release paper work faxed into my workplace. I seems someone forgot my papers in the break room for everyone to see.

Since bringing this to their attention I have been placed on another leave, while they find another store for me to go to. That was 2 1/2 months ago. I've had no money for the last 2 months. There goes Christmas. What are my next steps? Is there anything I can do about this? Thank you.

Visitor Question:
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ANSWER for "Put on leave for HIPAA violation against me?":

R (Aurora, IL United States):

HIPAA (Health Insurance Portability and Accountability Act) protects the unauthorized disclosure of a patient's health care information to third parties. It includes the unauthorized dissemination of information related to a patient's:

-Health care payments, benefits, and claim status
-Enrollment and un-enrollment in a health care plan
-Eligibility for a health care plan
-Health plan premium payments
-Referral certifications and authorization
-First report of injury
-Health claims attachments
-Health care electronic funds transfers (EFT)

Because of the complexity of HIPAA regulations, some people believe if they have proof a HIPAA violation occurred they can file a claim under HIPAA. And once that violation is proved, the patient will be compensated for it by the health care entity. That's not the case.

While you can certainly file a complaint for a violation of HIPAA with the U.S. Department of Health & Human Services, that complaint, even if proved to be a violation, will not result in your being compensated by the health care provider.

The way victims are compensated for HIPAA violations is by the filing of a lawsuit against the covered entity (Health Care Provider or related Health Care entity) based on damages sustained as a result of an "invasion of privacy."

To prove invasion of privacy an attorney can use evidence of a HIPAA violation, as well as other required information such as how the victim was damaged (financially or personally) to prove the case. Once proven, a jury can award whatever amount of compensation they believe is warranted for the victim's invasion of privacy.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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