HIPAA Medical Collection Lawsuit Package
HIPAA medical collection lawsuit package will help you file your lawsuit to address a privacy breach of your healthcare information. The Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. The Privacy Rule applies to all forms of individuals’ protected health information, whether electronic, written, or oral. The Security Rule is a Federal law that requires security for health information in electronic form.
a- Information your doctors, nurses, and other health care providers put in your medical record
b- Conversations your doctor has about your care or treatment with nurses and others
c- Information about you in your health insurer’s computer system
d- Billing information about you at your clinic, doctor’s office, and or hospital.
e- Most other health information about you is held by those who must follow these laws
Covered Entities must have contracts in place with their Business Associates, ensuring that they use and disclose your health information properly and safeguard it appropriately. Business Associates must also have similar contracts with subcontractors. Business Associates (including subcontractors) must follow the use and disclosure provisions of their contracts and the Privacy Rule, and the safeguard requirements of the Security Rule.
Minimum Necessary Requirements That Must Be In Place:
The 7 Elements represent the minimum necessary requirements that HIPAA-covered entities such as ODs, MDs, and all health care providers and subcontractors must have in place to address HIPAA privacy and security standards.
The 7 Elements are as follows:
- Implementing written policies, procedures, and standards of conduct.
- Designating a compliance officer and compliance committee.
- Conducting effective training and education.
- Developing effective lines of communication.
- Conducting internal monitoring and auditing.
- Enforcing standards through well-publicized disciplinary guidelines.
- Responding promptly to detected offenses and undertaking corrective action.
Each of the Seven Elements requires robust, organization-wide enforcement and documentation. Many HIPAA standards require annual review, as well.
HIPAA Medical Collection Lawsuit Package:
The common law provides a myriad of causes of action for plaintiffs to bring in lawsuits. Such as respondeat superior liability, professional malpractice, public disclosure of private facts, negligent pro-se, and breach of confidentiality.
The defendants violated HIPAA medical collection laws and failed to provide the standard level of security and protection when they breached the plaintiff’s health care private information by selling it to a 3rd party for profit after the account was “charged off. The defendant unlawfully sold the plaintiff’s “Charged Off” account to 3rd party collector via electronic transfer and the subcontractor (3rd party collector) did not have the programs and safeguards in place as mandated by HIPAA to protect the plaintiff’s health care private information. Covered Entities must have contracts in place with their Business Associates, ensuring that they use and disclose the plaintiff’s health information properly and safeguard it appropriately.
Subcontractors Must follow The Safeguard Laws:
Business Associates (including subcontractors) must follow the use and disclosure provisions of their contracts and the Privacy Rule, and the safeguard requirements of the Security Rule. My Billing information is protected under HIPAA and that protected billing information was unlawfully released to the defendant (collection agency/law firm). The defendant does not have any of the legal requirements in place to be in compliance with HIPAA and other Federal Laws.
The Privacy Rule applies to all forms of individuals’ protected health information, whether electronic, written, or oral. The Security Rule is a Federal law that requires security for health information in electronic form.
This HIPAA lawsuit package contains the following five documents:
- Inventory HIPAA Lawsuit
- A Notice of Claim For HIPAA violation.
- New Inventory Sanction Motion.
- Affidavit Template.
- New Demand To Strike Notice Of Appearance.
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