EBIA Weekly Archives - HIPAA - Court Cases
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Results (53 articles found)
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- 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 ...
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- 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 ...
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- 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 ...
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- 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 ...
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- 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 ...
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- 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 ...
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- 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 ...
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- 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 “...
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- 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 ...
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- 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 ...
