HIPPA Laws and Violations in Louisville Kentucky
Written by Cooper & Friedman PLLC on July 23, 2024
HIPPA, or the Health Insurance Portability and Accountability Act of 1996, is an act originating from the US Department of Health and Human Services. This law protects the privacy and personal information of patients from HIPPA violations. Every ‘covered entity’ and associating businesses who bill electronically must follow the standards for the protection of health information. Covered entities include doctors, hospitals, clinics, pharmacies, nursing homes, and other health care providers.
In Kentucky, patients have the right to:
- Receive a written privacy notice
- Ask that only certain parts of your personal health information be given to others
- Withdraw your consent to use health information unless that action has already been taken
- Receive confidential communications of your personal health information
- Request communication of your personal health information by alternative means or at an alternative
location - Correct or add to your personal health information (your request must be in writing, specifying a reason for
the changes) - Review or receive a copy of your personal health information
- Receive an accounting of all who receive your personal health information
- Pay out-of-pocket for a service and request that the entity does not submit your health information to your health
plan
However, there are several reasons that your health information might be used or given out that are not considered HIPPA violations. You can find a full list on Louisville’s HIPPA Privacy Notice, but these can include for treatment, payment, contact methods, fundraising, and research, amongst other reasons.
Legal Reasons for Disclosing Health Information
In addition to the reasons your provider or doctor might your disclose health information, there are also some legal rights that make disclosing the information acceptable. The law permits certain agencies to collect or receive health information for purposes of preventing or controlling disease and disaster occurrences. It also requires providers to report suspected or proven cases of abuse, neglect, or violence. Finally, and rather ironically, your information can be used to contact you in the case of a breach of unsecured protected health information.
What Should I Do If My HIPPA Rights Have Been Violated?
If a provider or business violates your HIPPA rights, then the first step is to file a complaint free of charge or penalty. A complaint will likely lead to an investigations and then, subsequently, a lawsuit if the claim is verifiable. However, patients cannot sue a provider or practice solely for a HIPPA violation. If a lawsuit is put forward, it will usually be on account of negligence, not the breach of information itself. Citizens of Louisville can file complaints with the Louisville Metro Department of Public Heath and Wellness at:
HIPAA Privacy Office, Louisville Metro Department of Public Health and Wellness
400 East Gray Street
Louisville, KY 40202
Phone: (502) 574 – 6514
HIPPA Rights, Medical Malpractice, and Cooper and Friedman
It is important to note that HIPPA violations and medical malpractice are not the same thing. Cooper and Friedman are more than happy to represent your medical malpractice case. We are also available to represent cases that result from HIPPA violation complaints.
If you or someone you love has been injured in a medical malpractice case in the State of Kentucky and are in need of an experienced medical malpractice attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of medical malpractice victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.