Can patients sue in federal court over HIPAA violations?

Under HIPAA, patients do not have a private right of action, meaning they cannot individually sue for violations in federal court. Instead, if individuals believe their rights under HIPAA have been violated, they can file a complaint with the Department of Health and Human Services (DHHS) Office for Civil Rights. This office investigates complaints regarding non-compliance with HIPAA regulations and takes enforcement actions against covered entities when necessary. Although patients can report violations, they do not have the ability to directly pursue civil lawsuits for damages related to HIPAA breaches. Thus, the framing of this response emphasizes the mechanisms available for patients under HIPAA, which include engaging the federal regulators instead of pursuing litigation.