Salt Lake City, UT asked in Personal Injury, Civil Rights and Health Care Law for Utah

Q: My HIPPA was grossly violated by 2 clinics. One in Utah and one in Chicago.

I filed this with the Federal Government. My husband is a physician & I work in healthcare as well . Because of that, I am having a hard time finding an attorney that doesn’t do malpractice and HIPPA violations. Does anyone know who I can talk to about this? This is a very serious HIPPA violation.

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing

A: I'm not sure what you mean by your HIPAA being violated but the short answer to your question is that in their wisdom Congress in enacting HIPAA did not provide any remedy for a violation, other than potential injunctive or declaratory relief which means no money therefore no attorney would take this on a contingent case.

That being said, there may be a cause of action under state law, but that requires your state to have 1) a recognized right to privacy and 2) a court that finds that HIPAA has not pre-empted such rights.

You can file a complaint with CMS 's department that deals with HIPAA compliance, with JCAH or similar organizations.

You should also consider lobbying your congressperson and senators to change the law. That requires a lot of effort but ...... that's true of any rights--they don't enforce themselves!

(Let me note parenthetically I'm surprised you find attorneys unwilling to speak with you--I handle all types of negligence and represent providers on reimbursement and hospital issues and am always delighted to have them as clients. But that's just me).

All the best.

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