Although this is not a HIPAA situation, I do think HIPAA should be used in a lawsuit.
HIPAA only applies to health care administrators in the billing department and health insurance companies or Medicare administrators. It applies when the service provider provides patient records for purpose of billing and payment.
Those people are required to keep records confidential.
The interesting thing is that it is a huge fine for a violation. The fine is $250,000.
I think that is clear evidence that the federal government takes seriously the security and confidentiality of health records, and should be justification for suing a private business for $250,000 for demanding disclosure of health records.
Don't know what a court would do with it, but it would be worth pursuing to see what happens.
You cannot demand that anyone divulge sensitive medical information about themselves nor can you release that information about someone else without thwir express written permission (such as you would see in an informed consent form in clinical trials, where certain pieces of health information are collected and used for analysis). This is against the law.
Although this is not a HIPAA situation, I do think HIPAA should be used in a lawsuit.
HIPAA only applies to health care administrators in the billing department and health insurance companies or Medicare administrators. It applies when the service provider provides patient records for purpose of billing and payment.
Those people are required to keep records confidential.
The interesting thing is that it is a huge fine for a violation. The fine is $250,000.
I think that is clear evidence that the federal government takes seriously the security and confidentiality of health records, and should be justification for suing a private business for $250,000 for demanding disclosure of health records.
Don't know what a court would do with it, but it would be worth pursuing to see what happens.
You cannot demand that anyone divulge sensitive medical information about themselves nor can you release that information about someone else without thwir express written permission (such as you would see in an informed consent form in clinical trials, where certain pieces of health information are collected and used for analysis). This is against the law.