45 C.F.R. § 160.316

Refraining from intimidation or retaliation

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A covered entity or business associate may not threaten, intimidate, coerce, harass, discriminate against, or take any other retaliatory action against any individual or other person for—

(a) Filing of a complaint under § 160.306;

(b) Testifying, assisting, or participating in an investigation, compliance review, proceeding, or hearing under this part; or

(c) Opposing any act or practice made unlawful by this subchapter, provided the individual or person has a good faith belief that the practice opposed is unlawful, and the manner of opposition is reasonable and does not involve a disclosure of protected health information in violation of subpart E of part 164 of this subchapter.

[71 FR 8424, Feb. 16, 2006, as amended at 78 FR 5691, Jan. 25, 2013]

Notes of Decisions

Cited in 4 cases, 2014–2020 · leading case: Rickman v. Premera Blue Cross, 358 P.3d 1153 (Wash. 2015).

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Rickman v. Premera Blue Cross, 358 P.3d 1153 (Wash. 2015). “45 C.F.R. §§ 160.316 (a), 160.530(g). However, unlike the ERA examined in Korslund, HIPAA does not provide compensatory damages, reinstatement, or back pay to an employee who was wrongfully discharged.”

Watts v. Lyon Cnty. Ambulance Serv., 23 F. Supp. 3d 792 (W.D. Ky. 2014). “; Count 4: breach of contract; Count 5: slander; Count 6: civil conspiracy; Count 7: tortious interference with a contract; Count 8: unlawful discharge in violation of Health Insurance Portability and Accountability Act (HIPAA) regulation 45 C.F.R. § 160.316 . By Order of…”

Andre Ruby v. Cent. Cmty. Hosp. (Iowa Ct. App. 2020). “45 C.F.R. § 160.316 . 6 The federal Department of Human Services is typically responsible for enforcing violations of HIPAA.”

Eib v. Marion Gen. Hosp. Inc (N.D. Ind. 2019). “§ 623 ) and retaliation in violation of the prohibition against intimidation or retaliation contained within HIPAA ( 45 C.F.R. § 160.316 ). I am trying to identify the appropriate attorney to discuss this matter with in hopes [sic] of dealing with these issues as informally as…”

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