Call (406) 233-1302 to Speak to a Health care Privacy Attorney in Great Falls
At Hoyt & Blewett PLLC, we have the in-depth knowledge and decades of experience necessary to protect your rights. We are a nationally recognized firm and many of our attorneys have been named among the nation’s top legal practitioners. We are also experienced in health care privacy litigation and are prepared to represent you in the event that your rights to privacy or the confidentiality of your medical information has been compromised due to another person’s negligence or willful disregard for the law.
Call (406) 233-1302 now to schedule your complimentary consultation to speak to health care privacy attorney in Great Falls, Montana.
HIPAA Regulations & Montana Health Care Privacy Laws
In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) as a means of establishing health care privacy standards and ensuring that workers cannot be denied health insurance due to a pre-existing condition when starting a new job. It also restricts the ways health care providers, plans, and clearinghouses (which are referred to as “covered entities”) can share your private health information.
The State of Montana has also passed its own legislation to protect patients from unlawful disclosure of their private healthcare information. This legislation entitles a patient to recover attorneys’ fees if their medical information was unlawfully disclosed in violation of the statute. It also allows the patient to recover an additional $5,000 in statutory damages for each violation of the statute if the violation results from willful or grossly negligent conduct.
Generally speaking, the state of Montana forbids health care providers from giving out the medical information of patients, unless authorized by the patient in question. However, there are exceptions to these laws, and health care professionals may sometimes give out a patient’s private medical information to insurance providers, immediate family members, police, and other parties without authorization when doing so will help mitigate a threat to their safety.
Montana laws also forbids medical professionals from compelling patients to share the results of an HIV/AIDS test result with anyone, though they must report HIV/AIDS-infected patients whose sexual conduct puts others at risk of contracted the disease.
Legal Remedies for HIPAA Violations in Montana
In the state of Montana, you may be able to file a civil lawsuit against the person or entity who shared your private medical information without your consent. If successful, your claim may result in compensation proportionate to the damages you have suffered as a result of this breach of your privacy. In addition to the statutory claims provided by Montana law, patients may be able to pursue common law negligence claims as well as claims for invasion of privacy. Insurance coverage for these claims is often disputed, hence it is imperative to contact an attorney immediately to discuss your legal options. If you have suffered a serious violation of your medical privacy, contact a member of our team at Hoyt & Blewett PLLC to discuss your case today.