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

Is the breach mitigated if there is a cover sheet with a statement regarding HIPAA and to notify sender if received in error? Difficult to keep up with many referring physicians offices changing fax number so frequently.

North Little Rock, AR -

Attorney Answers (5)

Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA
Answered

There is no private right to sue under HIPAA.

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David Stockley Mitchell

David Stockley Mitchell

Medical Malpractice Attorney - Little Rock, AR
Answered

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.

Evan Matthew Oshan

Evan Matthew Oshan

Personal Injury Lawyer - Seattle, WA
Answered

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.

Communication through AVVO does not constitute legal representation. Representation by this law firm can only be... more
Ross Carl Goodman

Ross Carl Goodman

DUI / DWI Attorney - Las Vegas, NV
Answered

An inadvertent or accidental dissemination of the medical report is probably not a breach that would result in any type of penalty.

The information presented here is for informational purposes only and does not constitute legal advice. The... more
Martha Ann Knutson

Martha Ann Knutson

Health Care Lawyer - San Diego, CA
Answered

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.

This response is intended to provide general information, but not legal advice. The response may be different if... more

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