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JVP

Malpractice under a FQHC

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It must have been a tremor.  Correction, the health information portability and accountability act was what I mistakenly abbreviated.   The incidences are subjective and hostile on behalf of licensed medical professionals. It involves different health specialties which are all part of a federally qualified health center, FQHC.  Under the FTCA, entities under this status cannot be sued.   The division of professional licensure is a branch of accountability to address the ethical infractions in the form of complaints.   Is this how to proceed?    

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11 hours ago, JVP said:

who are also a FQHC?

 

What does this mean?  Are you supposing that we'll know what this acronym (or the other acronym you used in your follow up post) stands for?

 

I also can't figure out what you're talking about.  You need to provide relevant facts.  If you don't want to do that, consult with a local attorney.

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In general, there is no private right of action against a healthcare provider who may have violated HIPAA. The general recourse is to file a complaint with the Department of Health and Human Services who can investigate and may impose penalties or other consequences for the violation. 

 

https://www.hhs.gov/hipaa/filing-a-complaint/index.html

 

There are some exceptions to those general comments though, and depending on exactly what the medical professionals or the health center did that you believe constituted a HIPAA violation, there might be other remedies available.

 

You appear to be correct that federally qualified health centers (FQHC) are able to get the benefit of governmental sovereign immunity, but if you have a claim against a center that did what it needed to do to have the benefit of that program, all that means is you have to pursue your claims against the federal government instead of the FQHC, and in doing so comply with the procedures and other requirements to bring a claim under the Federal Tort Claims Act (FTCA).

 

This web page, and some of the documents it links to, have a pretty good summary of what's required to bring an action subject to FTCA.

 

https://bphc.hrsa.gov/ftca/coverageverification-claimshistory/index.html

 

 

 

 

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