HIPAA has been litigated in court. Over and over again. HIPAA has never had a private cause of action. You can’t sue ANYONE over a HIPAA violation. You can file a complaint with HHS and the government can investigate it, but there isn’t any such thing as a HIPAA private right of action.
“Every district court that has considered this issue is in agreement that the statute does not support a private right of action.” Acara v. Banks, 470 F.3d 569, 571–72 (5th Cir. 2006).
There is no private right of action under HIPAA, express or implied. Meadows v. United Servs., 963 F.3d 240, 242 (2d Cir. 2020).
No private right of action exists under HIPAA in any event, Lucero v. United States, No. 20-1163, 2021 U.S. App. LEXIS 6308, at *6 (10th Cir. Mar. 4, 2021)
HIPAA does not provide an express or implied private right of action... Kittel v. Advantage Physical Therapy, No. 19-55690, 2021 U.S. App. LEXIS 1185, at *3 (9th Cir. Jan. 15, 2021).
HIPAA “provides no private right of action.” Webb v. Smart Document Sols., LLC, 499 F.3d 1078, 1081 (9th Cir. 2007).
There may be State law claims regarding the privacy of medical information, but those are distinct and separate from HIPAA and wouldn’t necessarily apply to a situation like this.
I am as against the idea of an Orwellian “vaccine passport” as anyone. I won’t participate in such a system. There are other ways to combat the system. However, the people who think HIPAA is a magic talisman here are sorely mistaken.
Thank you for setting me straight. I am traveling late in the year and, I am trying to avoid the vaccine but, not sure I will be able to avoid it. Any ideas?
Bkmk
HIPPA doesn’t protect you
It protects them.
Anyone can see what they want when they want. They just cobble together a rationale and your info is shared.
They will refuse to share it with your family without you signing dozens of forms.
But, hey, if the Costco greeter wants to see it, it’s a-ok.