Hipaa Credit Card
hipaa credit card
Can I get damages for a HIPAA violation? Also where can I file small claims for a long distance prepayment?
I was to get a surgical procedure done, had to prepay it, upon arrival by flight/rental car, was told it was not appropriate, but they were still going to charge me a cancellation fee (they made me prepay at scheduling); this is $1,000 they are keeping…
So I complained to my credit card company who supported the doctor because I had signed a cancellation of surgery consent, but this was due to inappropriate medical consultation not cancellation since I traveled 400 miles and showed up on time. As a response to my complaint, the doctor’s office sent my credit card company my medical records!!
What can I do? I don’t want to travel there for small claims, can I sue in my home state since they made me prepay?
I know I can file a HIPPA complaint and the doctor may get fined, but can I get damages for breach of privacy?
Wow the first three of you do not know Hippa laws
http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html
HIPAA gives no right to an individual tort. Your state may have a privacy tort of some sort, but it is unlikely that these actions would fall under it. There have been some attempts to use HIPAA to file a lawsuit against someone who violates it, but it’s unclear whether this legal strategy will work.
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