What are the penalties if my medical information is wrongfully used, disclosed or accessed?
If your medical information is wrongfully disclosed, the circumstances of that disclosure will dictate what penalties are provided. The distinctions are based on who is trying to seek the penalty, who the disclosure is made by and whether the disclosure was for financial gain. If the disclosure is for financial gain, the penalties are greater. There is a private cause of action for you to recover monetary compensation for violations of your medical information privacy. Any administrative penalties that are brought by state and local authorities will be paid to the agency bringing action. Private cause of action for violations You may be entitled to: • Nominal damages of $1000, regardless if you suffered actual harm; • The amount of your actual damages, monetary or emotional; • Punitive damages up to $3000; • Attorneys fees up to $1000; and • Court costs, such as the cost of filing in court. Administrative fine or civil penalty for any person or entity that unlawfully discloses medical
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- What are the penalties if my medical information is wrongfully used, disclosed or accessed?
