“How does HIPAA impact this?”
The entire time I was in public school, my student number was my social security number. At every opportunity I pointed out it was illegal to use my SS for any kind of identification. That was specifically forbidden in the SS legislation. Women at the desk just looked at me with that dumb, don’t-give-a-#$$ look. (Yeah, I was THAT student.)
In order for any law to work, someone has to enforce it. As an individual there’s no hope of getting any relief. Probably, any judge would dismiss the case for “lack of standing.”
No ordinary person has the money to take on a fight like this.
Yes, the court would dismiss. This has been litigated over and over and over again. HIPAA never included a 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).