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My HIPPA privacy rights were violated by my doctor's office. What can I do?

Prescott, AZ |

I went to a doctor next door to my work. Three weeks later the receptionist stopped by my work twice when I wasn't there. The next day she returned and in front of coworkers and clients in my office, she asked how I was and wanted to discuss my account. I know this is a HIPPA violation and want to know what rights I have.

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Attorney answers 1


The short answer: you can ask the office to stop contacting you at work. These requests should be done in writing. You can file a complaint with the board that supervises the particular doctor (M.D. or D.O.). You could also file a complaint with the Department of Health and Human Services. However, none of these will result in money damages payable to you. They could potentially result in a brief investigation.

As with most legal questions, you should ask yourself, is this worth my time and energy?

Long answer:
There is no cause of action imposing liability for failing to immediately respond to an
incomplete request for medical records. Health Insurance Portability and Accountability Act, 42 U.S.C. §§ 1320d-5, d-6; see also Acara v. Banks, 470 F.3d 569, 571 (5th Cir. 2006) (noting that there is no private right of action under HIPAA, and enforcement is limited to the Secretary of Health and Human Services).

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