How to File a Lawsuit for a HIPAA Violation

HIPAA complaints may be filed but lawsuits must be based on privacy violations, not the actual HIPAA act.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects citizens' private health information including information contained in medical records. Upon violation of this act, a complaint should be filed with the U.S. Department of Health & Human Services' Office for Civil Rights (OCR) against the violator. An actual lawsuit technically is not based on the HIPAA violation; rather the lawsuit is based on violation of personal privacy. Anyone has the right to file a lawsuit but realize the basis is not on the HIPAA act itself.

Instructions

1. Obtain the OCR Health Information Privacy Complaint Form Package by visiting their website (Reference 1) and clicking the many links available to open the PDF documents. A complaint and consent form will display.

2. Complete and print the complaint and consent form and send it to the OCR regional office located closest to where the violation occurred. For a list of OCR regional offices, visit their website. Email, mail or fax the forms to the appropriate OCR office. File complaints within 180 days of the alleged violation. The OCR will investigate and enforce penalties and/or corrective action if a violation occurred.

3. Contact an attorney if you wish to file a lawsuit against the individual, business or organization based on the privacy violation. Wait until you have filed an official HIPAA complaint and bring this documentation to the attorney at your first meeting. Provide your attorney with any supporting documentation and witness accounts to back up your claim.

4. Settle the case or go to court. Your attorney will attempt to negotiate a settlement with the violator's attorney. If settlement is not an option, a court trial will occur. Appear with documentation, witnesses and your OCR complaint. A judge and possibly a jury will decide the validity and penalty, if applicable.

References

• U.S. Department of Health and Human Services Substance Abuse and Mental Health Services: Health Information Privacy: How to File a Complaint
• HIPAA, HITECH and HIT: Help Me Understand HIPAA