Health Insurance Portability and Accountability Act (HIPPA) Practice Exam

Can a patient sue a covered entity for damages if their protected health information (PHI) has been disclosed in violation of HIPAA?

1. Yes, they can sue for damages

2. No, they cannot sue for damages

3. Only if the disclosure was intentional

4. It depends on state laws

The correct answer is: No, they cannot sue for damages

Under HIPAA, patients do not have the right to sue covered entities directly for damages due to the disclosure of their protected health information (PHI). The regulation primarily provides guidelines on how health information should be handled and ensures that entities comply with privacy and security standards. While patients are protected and have specific rights regarding their information, the enforcement of HIPAA is largely left to the Department of Health and Human Services (HHS) and its Office for Civil Rights (OCR). Therefore, individuals cannot bring private lawsuits against covered entities for alleged violations of HIPAA. While some state laws may grant patients the right to seek damages for violations of confidentiality or privacy rights, these laws would not be based on HIPAA itself, but rather on state statutes. The distinction lies in the framework HIPAA establishes, which does not empower individuals to pursue legal action directly for violations. This understanding clarifies why the option stating that patients cannot sue for damages is accurate in the context of HIPAA.