EBIA Weekly Archives - HIPAA - Court Cases
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Results (53 articles found)
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- Insurer Not Liable for Discontinuing Small Group Supplemental Medical Policy
- From the September 24, 2009 EBIA Weekly
- A small employer and its owners (a married couple) sued the insurer for the employer’s medical plan to challenge the discontinuance of a small group supplemental policy that had provided coverage under the plan for many years. It ...
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- HIPAA Does Not Preempt State-Law Claim for Improper Disclosure of Medical Records
- From the July 23, 2009 EBIA Weekly
- This case involved a patient who sued a medical clinic and two of its employees in connection with the Internet posting of information from the patient’s medical file. In the colorful fact pattern described by the court, a ...
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- Eligibility Requirement of More Than Twenty Hours of Active Employment Was Not Discriminatory Under HIPAA
- From the April 10, 2008 EBIA Weekly
- HIPAA provides that health plans and insurers may not establish rules for eligibility based on health status or disability. The employee in this case claimed that this HIPAA rule was violated when his employer’s health plan insurer refused ...
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- State Law Privacy Claims Alleging Unauthorized Release of Individual's Health Information Not Preempted by ERISA
- From the February 07, 2008 EBIA Weekly
- In this case, a former employee and his spouse sued the employer and the insurer of the employer’s health plan, alleging that their “private confidential healthcare information” had been intentionally disclosed. According to the couple, they ...
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- Lawsuit Can Be Brought Under California Law for Violation of HIPAA Privacy Rules
- From the September 27, 2007 EBIA Weekly
- Under the HIPAA privacy regulations, when individuals request copies of their own PHI from covered entities (such as medical providers or group health plans), the covered entity may charge a reasonable, cost-based fee for the copies. In this case, ...
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- Eighth Circuit Approves Private Suit for HIPAA Nondiscrimination Violation Under ERISA Section 502
- From the June 07, 2007 EBIA Weekly
- This employee sued the insurer under his employer’s group health plan after it retroactively canceled his coverage due to an alleged material misrepresentation in his enrollment application (failure to disclose that neck surgery had been recommended by his ...
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- HIPAA Preempts Authorization Required as a Prerequisite to Medical Malpractice Suit Under Georgia Law
- From the May 24, 2007 EBIA Weekly
- Individuals who bring medical malpractice lawsuits in Georgia must sign and file with the court an authorization releasing their medical records to the attorneys for the medical provider being sued. If the authorization is not provided, the court can dismiss ...
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- No Relief Available to Employee for Employer's Breach of Fiduciary Duty
- From the March 22, 2007 EBIA Weekly
- An employee started work in June 2001 and would have been eligible for coverage under his employer’s fully insured health plan on July 1, 2001 if all had gone as it should have. However, because of problems relating ...
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- Preexisting Condition Exclusion Period Not Reduced by Disability Insurance
- From the March 15, 2007 EBIA Weekly
- An employee’s wife became covered by his group health plan on January 1, 1999 and was hospitalized later that year. The plan had a 12-month preexisting condition exclusion (PCE) period, which would be reduced by creditable coverage. ...
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- Jury Finds Defendant Guilty of Wrongfully Obtaining Individually Identifiable Health Information
- From the February 01, 2007 EBIA Weekly
- A jury has found the owner of a company guilty of wrongfully obtaining individually identifiable health information with the intent to sell, transfer, or use it for personal gain. The convicted defendant had paid an employee of a medical clinic ...
