Re: were my rights violated?

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Here is some information reguarding Hipaa rights... there is a
website you can look that information up at..... DO YOU KNOW WHAT
SEARCH ENGINE MEANS????

Overview: The first-ever federal privacy standards to protect
patients' medical records and other health information provided to
health plans, doctors, hospitals and other health care providers
took effect on April 14, 2003. Developed by the Department of Health
and Human Services (HHS), these new standards provide patients with
access to their medical records and more control over how their
personal health information is used and disclosed. They represent a
uniform, federal floor of privacy protections for consumers across
the country. State laws providing additional protections to
consumers are not affected by this new rule.

Congress called on HHS to issue patient privacy protections as part
of the Health Insurance Portability and Accountability Act of 1996
(HIPAA). HIPAA included provisions designed to encourage electronic
transactions and also required new safeguards to protect the
security and confidentiality of health information. The final
regulation covers health plans, health care clearinghouses, and
those health care providers who conduct certain financial and
administrative transactions (e.g., enrollment, billing and
eligibility verification) electronically. Most health insurers,
pharmacies, doctors and other health care providers were required to
comply with these federal standards beginning April 14, 2003. As
provided by Congress, certain small health plans have an additional
year to comply. HHS has conducted extensive outreach and provided
guidance and technical assistant to these providers and businesses
to make it as easy as possible for them to implement the new privacy
protections. These efforts include answers to hundreds of common
questions about the rule, as well as explanations and descriptions
about key elements of the rule. These materials are available at
http://www.hhs.gov/ocr/hipaa

Civil and Criminal Penalties. Congress provided civil and criminal
penalties for covered entities that misuse personal health
information. For civil violations of the standards, OCR may impose
monetary penalties up to $100 per violation, up to $25,000 per year,
for each requirement or prohibition violated. Criminal penalties
apply for certain actions such as knowingly obtaining protected
health information in violation of the law. Criminal penalties can
range up to $50,000 and one year in prison for certain offenses; up
to $100,000 and up to five years in prison if the offenses are
committed under "false pretenses"; and up to $250,000 and up to 10
years in prison if the offenses are committed with the intent to
sell, transfer or use protected health information for commercial
advantage, personal gain or malicious harm.

On 12/04/06, A law student not an attorney wrote:
> Yeah simple question... what the heck is a hipaa violation? What
> does that have to do with anything?
>
> Here's another simple question. She came to this forum seeking
> legal advice and you just gave her some. Do you know what UPL
> means?
>
> On 12/04/06, s wrote:
>> Sorry, it is Hipaa not Hippa. I would advise you to get council
>> on this matter. The evidence from the illegal search should be
>> struck. I believe the only times that a hospital can release
>> the medical information reguarding tests is when there is a
>> signed consent or if you were involved in an accident.
>>
>>
>> On 12/04/06, S wrote:
>>> Simple question.....were her rights violated in this case?
>>> Should she spend the time and money for an attourney? I would
>>> think that it would fall under the 4th Ammendment rights as
>>> well as a Hippa violation.