Can I Sue My Employer for HIPAA Violation? Understanding Your Rights

If your employer violates HIPAA regulations, you may have grounds for legal action. This article explains the conditions under which you can sue for HIPAA violations, including the types of breaches and your rights as an employee. Gaining a clear understanding of these rights can help you address violations effectively and seek appropriate remedies.

What is HIPAA and Its Relevance in the Workplace?

HIPAA, or the Health Insurance Portability and Accountability Act, is a federal law established in 1996 to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. While HIPAA primarily targets healthcare providers, health plans, and healthcare clearinghouses, it also has significant implications for employers, particularly those that handle employee health information in any capacity. Employers who offer health plans or wellness programs, for example, must ensure that any health information they collect or manage is kept private and secure.

In the workplace, HIPAA’s relevance extends to how employers access, store, and share employees’ health data. Even though most employers are not directly covered by HIPAA, they can become involved if they mishandle information obtained from health insurance providers or other medical entities. Understanding the boundaries and responsibilities under HIPAA is crucial for both employers and employees, as violations can lead to serious consequences, including legal action.

Types of HIPAA Violations by Employers

HIPAA violations by employers can take various forms, typically involving the improper handling or disclosure of protected health information (PHI). Understanding these violations is key to determining if legal action is appropriate.

Common Violations Involving Employee Health Data:

• Unauthorized Access to Health Information:
  • Employees accessing health records without a legitimate reason or beyond their job scope.
  • Example: A receptionist viewing a coworker’s medical records out of curiosity.
• Improper Disclosure of PHI:
  • Sharing employee health information without consent, either intentionally or unintentionally.
  • Example: Accidentally sending an email containing health details to the wrong recipient.
• Lack of Secure Data Storage:
  • Failing to use secure methods to store employee health data, such as inadequate encryption or physical security measures.
  • Example: Storing sensitive health information on an unsecured computer or in a non-locked cabinet.

Examples of Improper Disclosure or Handling of PHI:

• Public Posting of Health Information:
  • Displaying employee health information on bulletin boards or other public areas within the workplace.
  • Example: Posting a list of employees who are sick on a company notice board.
• Unauthorized Third-Party Access:
  • Allowing unauthorized individuals or entities to access employee health data.
  • Example: A third-party vendor accessing employee health information without proper authorization.
• Failure to Implement Proper Security Measures:
  • Not using necessary safeguards, such as secure passwords or encryption, to protect electronic health records.
  • Example: Using weak passwords for systems that store sensitive health information.

These violations not only breach HIPAA regulations but can also lead to significant legal and financial repercussions for employers. Employees affected by such breaches may have grounds to seek legal remedies if their health information has been mishandled or disclosed improperly.

Your Legal Rights Under HIPAA

Understanding your rights under HIPAA is crucial when determining whether you can take legal action against your employer for a violation. The following table outlines key rights, potential employer violations, and corresponding legal actions you can consider:

• Right to Privacy of Health Information: As an employee, you have the right to expect that your health information will be kept private and secure by your employer. This includes any medical records, health insurance information, and any other PHI collected in the course of employment.
• Right to Be Informed of Data Breaches: If your health information is compromised due to a breach, you have the right to be promptly informed by your employer. HIPAA mandates that employers notify affected individuals within 60 days of discovering a breach.
• Right to Restrict Disclosures: You have the right to request that your employer restrict certain uses and disclosures of your health information. Employers are generally required to comply with reasonable requests for restrictions.

Filing a Complaint with the Department of Health and Human Services (HHS)

If you believe your employer has violated your HIPAA rights, one of the primary avenues for recourse is filing a complaint with the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). The OCR is responsible for enforcing HIPAA regulations and investigating complaints related to the improper handling of protected health information (PHI). When you file a complaint, the OCR will assess whether your employer has indeed violated HIPAA rules. If a violation is found, the OCR may take corrective actions, which could include imposing fines or requiring the employer to implement specific changes to prevent future breaches.

Filing a complaint with the HHS OCR is a critical step in holding employers accountable for mishandling your health information. It’s important to file the complaint within 180 days of when you became aware of the violation, although this period can be extended in certain circumstances. The complaint process is designed to be accessible, and you can submit it online, by mail, or via fax. While the OCR does not provide compensation directly to individuals, their enforcement actions can lead to improved privacy practices and ensure that your employer takes your rights seriously.

Initiating a Lawsuit for Damages

While HIPAA itself does not provide a private right of action—meaning you cannot directly sue your employer under HIPAA—there are still legal avenues available if you’ve suffered harm due to a violation of your HIPAA rights. Depending on the circumstances, you may be able to pursue a lawsuit under state laws that protect privacy or through other related legal claims. Here’s how you might approach this:

Potential Legal Grounds for a Lawsuit:

• Invasion of Privacy: Many states have laws that allow individuals to sue for invasion of privacy if their health information is disclosed without consent. If your employer has improperly shared your medical records, you could argue that this constitutes a violation of your right to privacy.
• Negligence: If your employer failed to implement adequate security measures to protect your health information and this led to a breach, you might have a case for negligence. You would need to prove that the employer had a duty to protect your information, breached that duty, and that the breach caused you harm.
• Intentional Infliction of Emotional Distress: If the unauthorized disclosure of your health information by your employer was particularly egregious and caused significant emotional distress, you could potentially file a claim for intentional infliction of emotional distress. This type of lawsuit requires showing that the employer’s actions were extreme and outrageous.

Steps to Take Before Filing a Lawsuit:

• Consult with an Attorney: Before proceeding with any legal action, it’s crucial to consult with an attorney who specializes in privacy law or employment law. They can evaluate your case, advise you on the best course of action, and help you understand your chances of success.
• Gather Evidence: Collect all relevant documentation that supports your claim, such as records of the violation, any communications with your employer regarding the incident, and evidence of the harm you suffered. This could include medical bills, therapy records, or other evidence of emotional or financial distress.
• Consider Alternative Dispute Resolution: In some cases, it may be beneficial to explore options like mediation or arbitration before filing a lawsuit. These alternatives can sometimes resolve disputes more quickly and with less expense than a full court case.

Taking legal action against an employer for a HIPAA violation can be complex, but with the right legal guidance and evidence, it’s possible to seek compensation for the harm caused by the breach of your health information.