Legal Question in Health Care Law in Florida
insurance claims assistant leaves a completed insurance report on her desk , and a clinic visit reads this and tell other patients about this patients medical problems? The ptthreatensto sue for breach of confidentaility. Does she have a standing to sue/ Has she violated any laws?
1 Answer from Attorneys
There are potentially two violations of the Health Insurance Portability and Accountability Act (HIPAA) privacy rules, along with potentially other violations, here. The first is based on whether the claims assistant used care in protecting the private health information (PHI). One can argue that she did not since she could have kept it in a file or put the information away from plain view. The second potential violation is when the clinic shared the information to other patients. I recommend that the person, whose information was breached, consult with an attorney familiar with HIPAA and privacy rules.
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