Under HIPAA Law Section 1177, "Wrongful Disclosure of Individually Identifiable Health Information," the U.S. Department of Labor can impose fines beginning at $50,000 and/or up to a year in jail, all the way up to a fine of $250,000 and/or up to ten years in jail for an individual. Under HIPAA rules, an "individual" can be a medical entity, institution, or an executive of either.
$1.44M HIPAA award upheld after Walgreen pharmacist shared patient data
The Indiana Court of Appeals on Friday upheld a $1.4 million verdict against Walgreen Co. and one of its pharmacists who shared confidential medical information about a client that had once dated her husband.
The order is the first published appellate court decision in the nation in which a health-care provider has been held liable for violations of the Health Insurance Portability and Accountability Act committed by an employee, according to Indianapolis attorney Neal F. Eggeson Jr., who represented the victim.
The Indiana Court of Appeals on Friday upheld a $1.4 million verdict against Walgreen Co. and one of its pharmacists who shared confidential medical information about a client that had once dated her husband.
The order is the first published appellate court decision in the nation in which a health-care provider has been held liable for violations of the Health Insurance Portability and Accountability Act committed by an employee, according to Indianapolis attorney Neal F. Eggeson Jr., who represented the victim.
hno:
This is Florida law.
"The investigation will begin with the hospital that generated the records. While some have cited HIPAA as the basis for a lawsuit against the hospital, HIPAA does not permit a private legal action for the violation of its terms. Instead, any claims against the hospital would be made under Florida privacy laws. Over the years, large verdicts have been awarded against health-care providers that released private patient information."
"The investigation will begin with the hospital that generated the records. While some have cited HIPAA as the basis for a lawsuit against the hospital, HIPAA does not permit a private legal action for the violation of its terms. Instead, any claims against the hospital would be made under Florida privacy laws. Over the years, large verdicts have been awarded against health-care providers that released private patient information."
