What kind of lawyer deals with HIPAA violations? - Solved

Legal Solution

The response provided below is specific to medical clinics, Medical law attorneys (Mesothelioma, Asbestos) in the jurisdiction of Wisconsin. The previous inquiry was brief, complicating a thorough response.

Addressing Potential HIPAA Violations: A Comprehensive Guide for Wisconsin Residents

The Health Insurance Portability and Accountability Act (HIPAA) is a federal statute that ensures the confidentiality of patients' medical information. It's concerning when a healthcare provider takes actions, like canceling an appointment, based on private medical records without explicit consent. Understanding how this applies within the state of Wisconsin can be crucial to determining if there's a breach and how to address it.

Relevant Laws and References

• Health Insurance Portability and Accountability Act (HIPAA): The main federal law regarding the protection of patient health information.
• For the specific rules and guidelines as applied in Wisconsin, one should refer to the Wisconsin Department of Health Services. Although a direct link to specific HIPAA-related laws in Wisconsin is not available, a good starting point would be Wisconsin Department of Health Services' homepage.

Potential Solutions for Addressing the Issue

1. Documentation: Begin by documenting the incident, including the date, time, and details of the conversation with the healthcare provider.
2. Legal Counsel: It's essential to find the right lawyer who specializes in medical law or HIPAA violations to provide guidance.
3. File a Complaint: If your attorney believes there has been a violation, they may advise you to file a complaint with the U.S. Department of Health & Human Services' Office for Civil Rights or the relevant state agency in Wisconsin.
4. Alternative Dispute Resolution: In some cases, mediation or arbitration with the provider can resolve the issue. Consider discussing this option with your attorney.

Average Legal Fees in Wisconsin for Medical Law Services

Note: Prices may vary based on the complexity of the case, the experience of the attorney, and other external factors.

Seeking Further Details

To better assist you and provide a clearer picture of your legal situation, it would be beneficial to have more details about the incident. Furthermore, if you believe you've faced a HIPAA violation, it's crucial to act promptly to protect your rights.

• Are you interested in learning more? Ask a free legal question to get started.

Questions for Further Understanding

• Was there any prior communication or agreement that allowed the provider to access your medical records?
• Were any reasons provided to you for the cancellation?
• Have you had any past issues or disputes with this care provider?

What constitutes a HIPAA violation?

HIPAA violations occur when there's an unauthorized disclosure or access to Protected Health Information (PHI) without patient consent or knowledge.

Can I sue for a HIPAA violation?

Yes, individuals have the right to sue for breaches that result in harm. However, the process can be intricate, and professional legal guidance is recommended.

How long do I have to report a HIPAA violation?

Typically, complaints should be filed within 180 days of the violation. However, this can vary based on specific circumstances.

What penalties can a medical professional face for violating HIPAA?

Penalties can range from fines to criminal charges, depending on the severity and intent of the violation.

Can a provider deny service based on medical records?

Generally, providers cannot deny service based on medical history without a valid reason. If this occurs, it may be discriminatory and could be grounds for a lawsuit.