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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29258
Experience:  29 years in civil, probate, real estate, elder law
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I run a medical billing and collections company. A relative

Customer Question

I run a medical billing and collections company. A relative came into my office and took patient files and tried to get fragulent credit cards with the information. I have my file cabinets and office doors locked to protect the files so I don't know how he was able to take them. My question is, am I in violation of any laws or HIPAA laws in this case? The person that took this information is in jail and being prosecuted but I am worried about my business. Thank you!
Submitted: 2 years ago.
Category: Legal
Expert:  Ray replied 2 years ago.
Thanks for your question and good evening.

You may have potential HIPAA complaints here and suits/claims for invasion of privacy.You are liable for protection of client files/medical records.Time will tell whether you get HIPAA complaints/fines here or claims/lawsuits.It is definitely a real possibility.

You definitely want to cooperate with law enforcement here all the way and seek to show good faith efforts to mitigate and deal with it.Even so there is potential laibility both to HIPAA and persons whose information was accessed.You might want to consider a civil lawyer in the event you get any demand letters or HIPAA complaints.

Reference to complaint process


http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/index.html


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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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