Legal Question in Health Care Law in California

What is the statute of limitations for a patient to file a complaint for a HIPAA violation against a VA hospital?

And how does one go about filing a complaint?

Thanks!


Asked on 3/11/12, 5:20 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

2 years to file a claim under the Federal Tort Claims Act. Whether a HIPAA violation can be the subject of an FTCA claim is another issue. Use an attorney to file Form SF 95.

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Answered on 3/11/12, 5:29 am

HIPPA has been ruled to not allow a private right of action, so skip the SF 95. The Dept. of Health and Human Services enforces HIPPA, and you can file a complaint with them, which will trigger an administrative investigation, but it will not result in any compensation to you.

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Answered on 3/11/12, 11:27 pm


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