Who enforces the hipaa law?

[iker]

I requested an amendment to my medical records after a physician wrote that "there was litigation pending" and that "my main concern was related to workers compensation". Fact is, there was no litigation pending. An ALJ had issued a decision earlier that week. When I had initially called the doctors' office I was told to submit a letter. I did so. I received a letter about a week later informing me that I needed to fill out a form. I did so. When I followed up a couple of months later a receptionist told me that the doctor said "the records stand". I told her that I needed something in writing. I have received nothing.

In addition, when I showed for the initial appointment I was told that "he did not need to see me today". I was told to obtain an MRI and a nerve conduction test then reschedule. Later that day I was called and asked for the Workers Compensation carriers phone number. I told the lady on the phone that this would not be filed under workers compensation and that I was simply waiting for an ALJ's decision. The surgeon that performed the back surgery had given me a 5% impairment rating. This low rating had the effect of making any further workers compensation issues a mute point.

I believe that this doctor was contacted by my employer before I ever saw him. The company I worked for at the time of my injury has received nearly $300,000 in OSHA violations for not reporting injuries to OSHA. These are "willful" citations. Last week I learned that there is a district attorney in Mateo, California ready to file charges against this company for lying to investigators and altering the personnel file of an employee that was injured.

I want the opportunity to write my response to his refusal to amend my medical records. But I do not know where to go from here. An interest search provided me with literally dozens of lawyers who will work for doctors and companies but I can find none that will help patients.

[lifton]

so you are trying to get a piece of the $$$ pie, aren't you?

To strictly answer your question, the Centers for Medicare and Medicaid Services (CMS) are in charge of enforcing most HIPAA regulations. look up www.cms.gov for their contact information. Unless there was gross negligence on the company's part, there probably won't be any fine, and definitely no money for you. I don't see any HIPAA violation in what you describe though, so I wouldn't waste my time on this.

Second, there are dozen of lawyers working on contingency fees who would be $happy$ to represent you, if they think you have a case, and regardless if you are right or wrong, so that they can, too, share the $$$ pie. if they don't take your case, that means you don't have anything to substantiate a civil claim. Again, I don't see anything here that would be the base for any civil claim.

[armin]

?? This has nothing to do with HIPAA, which (in the context you are discussing) deals with patient confidentiality. It does not deal in any way with doctors making comments in medical records. What he wrote had nothing directly to do with your medical condition. Personal comments such as this are purely the doctor's prerogative.

[cleirach70]

Contact that district attorney.

[taryn31]

They are his records of your condition. You have no "rights" to respond.