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Los Angeles HIPPA Compliance Lawyers

The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996. Part of it contemplates data privacy and security measures intended to secure patients’ medical information. HIPAA consists of five sections or titles, and when compliance is at issue, the context of the discussion usually revolves around HIPAA Title II and national standards for processing health care information and transactions. Title II also requires the establishment of secure computerized or electronic access to health information and compliance with regulations promulgated by the Department of Health and Human Services that are intended to protect privacy.

HIPAA application is broad
HIPAA extends to health care providers, employers, their business associates, healthcare information clearinghouses and even attorneys who might practice in areas like elder law or personal injury.

Exposure increases with technological advancement
It’s not at all unusual for medical records, reports or the like to be transmitted electronically on a national or even global basis. There’s no question that doing so contributes to the expediency of services, but with the ability to forward records almost instantaneously comes increased exposure to breaches of security and privacy. For purposes of assuring compliance with HIPAA, attorneys in our Los Angeles office are available to offer legal advice, guidance and representation when necessary.

Civil penalties for violations
Under HIPAA, the health and medical records are required to maintained confidentially, but they’re also required to be made available upon the receipt of an appropriate authorization. If information is improperly released, a victim can file his or her complaint with the U.S. Office of Civil Rights (OCR). If the OCR decides that a covered entity may have failed to comply with HIPAA, remedial measures must be taken. If those aren’t satisfactory, OCR can impose significant civil monetary penalties. The entity can then seek a hearing on the penalties in front of an administrative law judge from the Department of Health and Human Services on whether the civil monetary penalties are supported by the evidence. HIPAA violations can get very expensive. Civil penalties can go as high as $50,000 per violation to a maximum of $1.5 million.

Criminal penalties
Criminal prosecutions of HIPAA violations are delegated to the U.S. Department of Justice. Covered entities or persons who knowingly receive or disclose patient health information can be fined up to $50,000 and sentenced to up to a year in prison. If information was obtained or disclosed under false pretenses, the penalty increases to five years in prison and a fine of up to $100,000. If intent to gain a commercial advantage, personal gain or malicious harm is shown, the offense is punishable by a fine of up to $250,000 and 10 years in prison. Our law firm represents entities in both civil administrative and criminal prosecutions of HIPAA.

Breach notification requirements
Any unauthorized use or disclosure of information protected by HIPAA is presumed to be reportable unless a low probability exists that patient health information has been breached. A probability determination is to be made by the entity, and it turns on four factors. Those are:

  • Whether identifiers were disclosed and the probability of re-identification
  • Whether the recipient was a low risk covered entity or business associate
  • Whether the information was actually received and seen
  • To what extent the information might have been mitigated

A covered entity must perform a risk assessment with all four of these factors kept in mind. If the assessment fails to conclude that there was a low likelihood that information has been compromised, notification is mandated, and the risk of civil penalties and criminal prosecution rises dramatically.

The health care division of the Los Angeles office of our law firm represents clients in both civil and criminal HIPPA actions. If you’re new to HIPAA, or you believe that you might be a covered entity, you’ll want to arrange to talk to us about a compliance plan. Call us at 888-533-5131, and we can arrange for a meeting. If you believe that HIPAA violations have already occurred, we’ll implement an immediate plan with you to mitigate any harm and prevent those violations from happening again.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

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Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

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Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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