EBIA Weekly Archives - HIPAA - Court Cases

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Results (53 articles found)


  1. Fifth Circuit Declines to Allow Private Right of Action Under HIPAA Privacy Rule
    From the November 22, 2006 EBIA Weekly
    A physician disclosed medical information about an individual during a deposition (a pretrial proceeding at which a witness answers questions, under oath, with a written transcript being made). The individual whose medical information was disclosed alleged that she had not ...
    [Acara v. Banks, 2006 U.S. App. LEXIS 28120 (5th Cir. Nov. 13, 2006)]
  2. Appeals Court Says Trial Court Must Set Aside Order Requiring Disclosure of Health Information
    From the June 15, 2006 EBIA Weekly
    In a medical malpractice case against a health care provider, the plaintiffs requested discharge summaries for patients who were not parties to the case. The request stated that the discharge summaries should be de-identified, as defined by HIPAA, to ...
    [In re: Tenet Healthcare, Ltd., No. 12-05-00310-CV (Tex. App. Mar. 31, 2006)]
  3. LTD Benefits Not Subject to HIPAA Preexisting Condition Exclusion Rules
    From the April 06, 2006 EBIA Weekly
    An employee applied for long-term disability (LTD) benefits under her employer’s LTD plan, which included a preexisting condition exclusion (PCE) that applied to the employee. The plan defined a preexisting condition as an “Injury or Sickness ...
    [Schleicher v. Ascension Health, 2006 U.S. Dist. LEXIS 14485 (M.D. Tenn. 2006)]
  4. Seriously Ill Newborn Not Enrolled During HIPAA Special Enrollment Period Is Not Entitled to Coverage
    From the March 16, 2006 EBIA Weekly
    A hospital’s representatives sued a health plan (among others) for $650,000 in medical bills incurred as a result of a 2-1/2 month hospitalization of a newborn. (The hospital had received an assignment of benefits.) The ...
    [Regents of the University of Michigan v. Otis Spunkmeyer, Inc., 2006 U.S. Dist. LEXIS 8476 (E.D. Mich. 2006)]
  5. Late Enrollment of New Baby Means No Special Enrollment, No Retroactive Coverage
    From the February 16, 2006 EBIA Weekly
    An employee was covered by a group health plan that allowed 31 days to enroll a newborn child as a special enrollee, with coverage retroactive to the date of birth. The employee gave birth on October 30, and on November ...
    [Lindstrom v. W.J. Bauman Assoc., Ltd., 2006 U.S. Dist. LEXIS (W.D. Wis. 2006)]
  6. Employee With Newborn Was Entitled to HIPAA Special Enrollment Followed by COBRA Election
    From the February 02, 2006 EBIA Weekly
    Although the full-time employee in this case was eligible for her employer’s group health plan, she did not enroll during the regular enrollment period. However, after leaving work because of her son’s premature birth, she ...
    [Livingston v. S.D. State Med. Holding Co., No. CIV 04-4139 (D.S.D. Jan. 20, 2006)]
  7. Colonoscopy Recommendation Was Sufficient to Trigger Preexisting Condition Exclusion
    From the January 26, 2006 EBIA Weekly
    The woman who filed this suit had no health coverage when her doctor diagnosed her as having “likely irritable bowel syndrome” (IBS) and recommended a colonoscopy to determine whether she had inflammatory bowel disease (IBD). About a week ...
    [Hoagland v. Amerihealth Administrators, 2006 U.S. Dist. LEXIS 1570 (M.D. Pa. 2006)]
  8. Third Circuit Rejects Challenge to HIPAA Privacy Rule Provision Permitting Use of PHI Without Patient Consent
    From the November 03, 2005 EBIA Weekly
    The Third Circuit has rejected a challenge from a coalition of advocacy groups and individuals to the provision in the HIPPA privacy rule that allows covered entities to use and disclose protected health information (PHI) without patient consent for “...
    [Citizens for Health v. Leavitt, 2005 U.S. App. LEXIS 23516 (3d Cir. 2005)]
  9. Employee Has No Private Right of Action Under HIPAA for Disclosure of Medical Information to Others in His Workplace
    From the October 06, 2005 EBIA Weekly
    The employee in this case was an FBI agent who sued his employer, arguing (among other things) that his colleagues had disclosed information about his medical history to others in his workplace in violation of the HIPAA privacy rule. According ...
    [Runkle v. Gonzales, 2005 U.S. Dist. LEXIS 22219 (D.D.C. 2005)]
  10. No Private Right of Action Under HIPAA for Disclosure of PHI Under Workers' Compensation Law
    From the May 12, 2005 EBIA Weekly
    An employee lost her job after a health care provider reported to her employer that she had apparently altered a prescription for a narcotic by adding a notation that it could be refilled. The health care provider had treated the ...
    [Rigaud v. Garofalo, 2005 U.S. Dist. LEXIS 7791 (E.D. Pa. 2005)]

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