Compliagent CEO Nick Merkin was quoted in AHC Media's online publication on a recent potential HIPAA breach by an ESPN reporter. See Nick's expert advice in the article below.
A hospital is conducting an internal investigation after a patient’s medical records were obtained by a television network and published. The patient was a professional football player who had injured his hand.
The disclosure appears to be a clear violation of the Health Insurance Portability and Accountability Act (HIPAA).
The reporter who obtained the record is not subject to HIPAA restrictions.
The patient cannot sue the hospital under HIPAA but could seek civil damages.