What rights do we have when a life insurance provider has violated the HIPAA law?

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What rights do we have when a life insurance provider has violated the HIPAA law?

Our confidential health records were “accidentally” sent to someone other than ourselves. What can we do about this?

Asked on November 4, 2010 under Personal Injury, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately there is not a cause of action specifically for a violation of HIPAA.  You have no rights to sue only to file a complaint against the party or parties that you believe violated your rights under the law.  Was this a physical conducted by the insurance company?  I know.  It is disappointing.  But the fact that you can not sue should not be a deterrent to filing a complaint.  You absolutely should to make sure that this does not ever happen to someone else.  It can be an embarrasing situation I am sure but hopefully the party to whom they were sent had the decency to send them back to the life insurance provider.   


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