If a patient's medical report is faxed to an incorrect number, is it considered a HIPAA breach?

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1. 

   Christian LassenPro

   Philadelphia Medical Malpractice Attorney

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   Answered January 24, 2013 22:33. There is no private right to sue under HIPAA.

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   David MitchellPro

   Little Rock Medical Malpractice Attorney

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   Answered January 25, 2013 07:37. It violates HIPPA whether done mistakenly or intentionally. However, there is no private right of action for violating HIPPA. In other words even if your medical records are disclosed in violation of HIPPA, HIPPA does not provide you with a remedy or right to recover damages.

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   Evan OshanPro

   Seattle Personal Injury Lawyer

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   Answered January 24, 2013 21:10. Possibly if it was done negligently. I have a disclaimer at the bottom of faxes which says to disregard and return to sender if received in error.

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   Ross GoodmanPro

   Las Vegas DUI / DWI Attorney

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   Answered January 24, 2013 23:02. An inadvertent or accidental dissemination of the medical report is probably not a breach that would result in any type of penalty.

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5. 

   Martha Knutson

   San Diego Health Care Lawyer

   Contributor Level 10

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   Answered January 25, 2013 10:55. Yes it is a breach. Not all breaches are reportable to the patient and the federal Office for Civil Rights - but this is one of the things changing in the new rule that was just published today (January 25, 2013). See the link below.

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   • New HIPAA Rule

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