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HIPAA, HITECH & HIT Legal Issues, Developments and Other Pertinent Information Relating To The Creation, Use and Exchange of Electronic Health Records

Tag Archives: AVMed

PHI Breach Involving Health Plan Leads to Lawsuit by Identity Theft Victims Who Were Plan Members

Posted in Lawsuits, Privacy & Security

The principle that individuals whose protected health information is stolen, lost, or otherwise inappropriately used, accessed, or left unsecured have no private right of action against the person or entity responsible for the breach under the HIPAA/HITECH laws may change for victims of identity theft who can show the theft was caused by a HIPAA breach, at least if the action is brought in the 11th Circuit.