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Unfortunately, no. I think it is clear there was a HIPAA violation and you could certainly file a complaint with the state licensing agency but the courts have ruled that an individual cannot bring a lawsuit for an entity revealing personal medical information when they are not supposed to.
Your only options under HIPAA are to file a complaint with the state licensing agency or to file a complaint with the state Attorney General.
What about under right of privacy?
No, all rights of privacy as far as medical records are now covered under the HIPAA rules. There is a possibility that if your medical records have information on some type of disability or something then you could pursue a case for that but not for disclosure of the medical records.
I have seen a new trend lately where lawyers are trying to sue in similar circumstances alleging a breach of contract since you didn't authorize them to release the records and you anticipated they would be private.
I haven't seen any case go up on appeal on that issue but it might work.
Okay, thank you for your time.
I'm sorry I didn't have better news. We were all caught by surprise when the courts ruled this way.
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