how to find a lawyer after a hipaa violation

What should a HIPAA violation lawyer know?

The HIPAA violation lawyer should know that the HIPAA Privacy Rule generally prohibits use, disclosure, or sharing of PHI without written patient authorization. Do you have an effective HIPAA compliance program?

How do I find a HIPAA attorney?

You can find attorneys through your state or local bar association. Try to find an attorney or law firm well versed in HIPAA regulations for the greatest chance of success and contact multiple law firms and speak with several attorneys before making your choice.

Where can I get help with a HIPAA violation case?

Our HIPAA violation attorneys have years of experience and are ready to help you with your case at Heidari Law Group. Call us today for more information. We have offices located in California and Nevada. It was recently published that the average cost of a healthcare data breach increased to 9 million dollars.

How do I file a HIPAA complaint?

An attorney can help you submit your HIPAA complaint form to the OCR or your state attorney general's office (if your state has the authority to pursue HIPAA cases). Individuals can also be brought before their professional board if you choose to complain to the Board of Medicine or Board of Nursing.

How much money can you get for a HIPAA violation?

The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision. Violations can also carry criminal charges that can result in jail time.

What do you do if you are accused of HIPAA violation?

If you believe that a HIPAA-covered entity or its business associate violated your (or someone else's) health information privacy rights or committed another violation of the Privacy, Security, or Breach Notification Rules, you may file a complaint with the Office for Civil Rights (OCR).

What happens after a HIPAA complaint is filed?

After the investigation, OCR will issue a letter with the results of the investigation. If it's found that you, the practitioner, did not comply with the HIPAA rules, then you must agree to 1) voluntarily comply with the rules, 2) take corrective action if necessary, and 3) agree to a resolution.

What are the 4 most common HIPAA violations?

The 5 Most Common HIPAA ViolationsHIPAA Violation 1: A Non-encrypted Lost or Stolen Device. ... HIPAA Violation 2: Lack of Employee Training. ... HIPAA Violation 3: Database Breaches. ... HIPAA Violation 4: Gossiping/Sharing PHI. ... HIPAA Violation 5: Improper Disposal of PHI.

How serious is a HIPAA violation?

Penalties for HIPAA violations can be very severe. Judges have even issued fines costing millions of dollars. Besides healthcare providers, plans, and clinics, individuals can receive fines as well. Some individuals who violate HIPAA Rules can go to jail for up to 10 years.

Does a HIPAA violation show up in a background check?

It is highly unlikely a background check company would have access to your present employer's internal disciplinary records, and, as noted, it is also unlikely that any reference call would learn of it.

How long does a HIPAA violation take to investigate?

The investigation must determine whether any other patients are likely to have had their privacy violated. If so, they will need to be notified within 60 days. If a HIPAA breach has occurred, the Breach Notification Rule requires covered entities to report the breach to OCR without unnecessary delay.

What should you do if a patient complains that their privacy was violated during their stay?

7 Steps for Handling a Patient HIPAA Privacy ComplaintStep 1: Timely Response to Patient Complaints. ... Step 2: Conduct an Adequate Investigation. ... Step 3: Correct and Mitigate Harmful Effects. ... Step 5: Involve HR to Determine Disciplinary Measures. ... Step 6: Get your Documents in Order. ... Step 7: Follow up with the Patient.

What qualifies as a HIPAA violation?

The Health Insurance Portability and Accountability, or HIPAA, violations happen when the acquisition, access, use or disclosure of Protected Health Information (PHI) is done in a way that results in a significant personal risk of the patient. The regulation concerns just about everyone that works with PHI.

Can you get fired for violating HIPAA?

Depending on the nature of the violation, the incident may warrant disciplinary action against the individual concerned which could see the employee suspended pending an investigation. Termination for a HIPAA violation is a possible outcome.

Is texting a patient a HIPAA violation?

Texting patient information to patients is allowed by HIPAA provided the Covered Entity has warned the patient that the risk of unauthorized disclosure exists and has obtained the patient´s consent to communicate by text. Both the warning and the consent must be documented.

What information can be shared without violating HIPAA?

Health information such as diagnoses, treatment information, medical test results, and prescription information are considered protected health information under HIPAA, as are national identification numbers and demographic information such as birth dates, gender, ethnicity, and contact and emergency contact ...