What is the statute of limitations for a patient to file a complaint for a HIPAA violation against a VA hospital?And how does one go about f...

Question

What is the statute of limitations for a patient to file a complaint for a HIPAA violation against a VA hospital?

And how does one go about filing a complaint?

Thanks!

Answer

2 years to file a claim under the Federal Tort Claims Act. Whether a HIPAA violation can be the subject of an FTCA claim is another issue. Use an attorney to file Form SF 95.

Answer

HIPPA has been ruled to not allow a private right of action, so skip the SF 95. The Dept. of Health and Human Services enforces HIPPA, and you can file a complaint with them, which will trigger an administrative investigation, but it will not result in any compensation to you.