HIPAA Law And Compliance Attorney

Health care practitioners will tell you that the requirements for complying with HIPAA (Health Insurance Portability and Accountability Act) are often overwhelming. HIPAA regulations are strict. Any failure to comply can result in severe penalties, legal action and reputational damage. However, a skilled HIPAA compliance lawyer is invaluable. They can help evaluate your policies, contracts and procedures and advise you on how best to meet federal and state requirements.

Serving Washington, D.C., Maryland and Virginia, our HIPAA compliance lawyers at Brian V. Ebert, P.C., bring over 35 years of experience to businesses and professionals in the DMV area. Founding attorney Brian Ebert is a trial attorney who not only advises clients on HIPAA compliance issues but also litigates and defends clients in court when necessary.

Who Do HIPAA Laws Apply To?

Many small practices and sole practitioners operate under the misconception that HIPAA is a hospital problem. In reality, HIPAA regulations apply to any covered entity that transmits health information electronically in connection with certain transactions. In other words, it doesn’t matter how big your office is. Whether you are a solo mental health counselor, a small dental practice or a boutique physical therapy clinic, if you handle Protected Health Information (PHI), HIPAA applies to you.

Small practices often face greater legal risks. This is because they lack the dedicated IT and compliance departments found in larger institutions. For the sole practitioner, a single misplaced laptop or an unencrypted email can result in substantial risk. They face the same federal scrutiny and heavy fines as major health care systems. Our firm works with smaller providers to scale compliance efforts. We want you to have the necessary safeguards in place.

Complying With HIPAA Requirements

HIPAA law includes various legal obligations for covered entities and business associates. Some of the most critical areas include:

• Privacy rule compliance: Under HIPAA requirements, patient information is protected. Information can only be disclosed under permitted circumstances.
• Security rule requirements: HIPAA requires safeguards to guard electronic protected health information (PHI) from breaches and unauthorized access.
• Breach notification: When a breach occurs, there are required steps for notifying affected individuals and authorities.
• Business associate agreements (BAAs): Vendors who handle PHI are required to comply with HIPAA rules and regulations. We will draft and review contracts with vendors handling PHI.
• Employee training and policies: Under HIPAA, you are required to establish clear employment policies and procedures, and train employees to prevent accidental HIPAA violations.

Our compliance attorneys provide legal guidance designed to minimize your legal risk. If a breach occurs, we will advise you on the next steps. Throughout every aspect of HIPAA compliance, our firm’s lawyers will evaluate your practices and help you establish procedures to protect you from liability.

What Should You Do If You Suspect A Breach?

In the event of a potential data compromise, time is your most valuable asset. If you suspect a breach has occurred, do not wait for a definitive confirmation before seeking counsel. Engaging legal intervention early allows us to oversee the internal investigation under attorney-client privilege, evaluate the true nature of the exposure, and manage the notification process to HHS and affected individuals. Prompt action can significantly mitigate the administrative consequences and reduce the likelihood of the Department of Health and Human Services (HHS) initiating a wider audit of your entire practice.

What Is A Reportable Breach Under HIPAA?

Not every security incident is a reportable breach. The court will consider several different factors to determine if a reportable breach occurred. These include examining:

• The nature of the PHI involved
• If the breach was internal or external
• If someone actually acquired, viewed or used the PHI
• Whether or not the risk to the PHI was mitigated

If the organization concludes there was a low probability of compromise, the breach does not need to be reported. Our experienced HIPAA compliance lawyers can help you evaluate the nature and extent of your HIPAA breach to determine if reporting is required.

Can Patients Bring A Lawsuit Under HIPAA?

One of the most common points of confusion is whether a patient can sue a provider directly for a HIPAA violation. HIPAA itself does not provide a private right of action. This means a patient cannot file a lawsuit in federal court specifically for a violation of the HIPAA statute.

However, this does not mean a provider is immune from civil litigation. A HIPAA violation often serves as the foundational evidence for state-level lawsuits. A breach of HIPAA represents the standard of care. Breaching the standard of care can prove claims of negligence, breach of contract or invasion of privacy. In these cases, the federal violation is evidence that can be used to secure a judgment against the practice. Because our firm’s attorneys have extensive trial experience, we understand how to defend against these secondary claims and protect your practice from the high costs of civil litigation.

Protecting Your Business With Legal Guidance

HIPAA compliance is more than just a regulatory requirement. It is a critical aspect of protecting your business, your clients and your reputation. An experienced HIPAA compliance lawyer can review your policies and contracts so they align with federal and state laws.

Whether you are a health care provider, a business associate handling protected health information (PHI) or an organization seeking legal compliance, working with an experienced attorney is essential.

Brian V. Ebert, P.C., provides comprehensive legal services tailored to meet the unique needs of health care providers and businesses in the DMV area. We work diligently to keep your organization compliant, mitigate potential risks and provide defense should legal issues arise.

Avoid Costly Mistakes: Secure Your Compliance Today

If you need a HIPAA compliance lawyer in Washington, D.C., Maryland or Virginia, our firm can help. To schedule an appointment, call 703-281-9000. You can also reach out by sending a message through our website. We are ready to support your compliance efforts. Let us help you protect your business.