HIPAA Lawsuits  A De Facto Right of Individuals to Bring Suit
Channel: HIPAA Survival Guide
Date: 2018-11-18

This vodep discusses HIPAA related lawsuits and why we may see an explosion of one particular category of HIPAA lawsuits in the next few years. In general, there are four categories of suits that can be thought of as "HIPAA related:" (1) an action by HHS to enforce sanctions for violations (i.e. in the rare case where a covered entity ("CE") or business associate ("BA") does not settle); (2) an action brought by a state attorney general on behalf of the citizens of a state (i.e. as provided for in HITECH Act Section 13410); (3) a private "class action" suit brought under some a state law theory (usually state breach notification law or negligence); and (4) an action brought by a single individual under state law theory of negligence.