A patient believes her privacy rights have been violated by a local hospital. Under HIPAA, the patient:
A. may immediately file a lawsuit in federal court
B. may immediately file a lawsuit in a small claims court
C. must first file a written complaint with the local medical society
D. must first file a written complaint with the local district attorney
E. must first file a written complaint with the Secretary of Health and Human Services through the Office of Civil Rights
E. must first file a written complaint with the Secretary of Health and Human Services through the Office of Civil Rights
The HIPAA Privacy Rule does not give patients the express right to sue when they believe their privacy has been violated. They must first file a written complaint with the Secretary of Health and Human Services through the Office of Civil Rights. The HHS Secretary determines whether or not to investigate the complaint. Patients may have other legal standing to sue under state privacy laws in state courts.
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