By: Stephen Siegel
A recent decision by the United States Court of Appeals, Eleventh Circuit (which includes Florida), underscores the importance of complying with HIPAA-HITECH for every covered entity and business associate.
HIPAA provides protection from the unauthorized disclosure or use of an individual patient’s protected health information (“PHI”). The federal government and the state attorney generals have the power to prosecute violations of HIPAA. However, Congress did not provide a similar right (a “private right of action”) to individuals who may be harmed by an unauthorized disclosure of their PHI. This decision suggests that injured individuals may be able to obtain relief from HIPAA related injuries under state law.
