HIPAA Violation May Form Basis for Lawsuit

Law360, New York (March 12, 2007, 12:00 AM EDT) -- The Health Insurance Portability and Accountability Act (HIPAA) authorized development of privacy regulations that most health care providers have had in place since the effective date of April 2003.

The technicalities of the regulations and the practical difficulties in monitoring the use and disclosure of patients' protected health care information are daunting, although Congress provided for no private right of action under the statute.

Instead, violations of HIPAA's privacy regulations have been subject only to an enforcement action by the Office of Civil Rights, the federal...
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