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Can I sue someone for violating HIPAA?

There is no private cause of action under HIPAA, meaning that you cannot sue someone for violating HIPAA. You can, however, file a complaint with the federal Department of Health and Human Services. The Covered Entity and/or Business Associate responsible for the violation may be subject to civil or criminal penalties. Additionally, the facts that give rise to the HIPAA violation may establish a right to relief under other applicable law, such as a common law invasion of privacy. If you believe your medical information has been used or disclosed inappropriately, it is best to seek an attorney knowledgeable about this area.

 

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