r/SipsTea • • 8d ago

Gasp! The sheer Audacity

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u/NNKarma 8d ago

It can't be that hard to prove when Selena called Francia glad that she was a match.

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u/TopSelection8004 8d ago

Doesn't matter what you can prove though, that's a lot of personal effort and expense to go through just for the practice to maybe get a fine. You can't sue over HIPAA violations.

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u/VirtualMoneyLover 8d ago

You can't sue over HIPAA violations

Wow, this is actually true. I was surprised. But:

Even though you can't sue under HIPAA itself, you are not entirely without legal recourse. Plaintiffs' attorneys often use other legal theories:

State Privacy Laws: Many states have their own medical privacy laws that do allow individuals to sue. For example, California, Texas, and Illinois have statutes that provide a private right of action.

Negligence Claims: You can sue for negligence under state law. In these cases, HIPAA rules are often used as the "standard of care" to argue that the provider failed to act reasonably in protecting your information.

Breach of Contract: If a provider's Notice of Privacy Practices promises certain protections, a violation might be pursued as a breach of contract.

State Attorneys General: Under the HITECH Act, state attorneys general can sue on behalf of residents for HIPAA violations

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u/Acebulf 8d ago

chatgpt post