EBIA Weekly Archives - HIPAA - Court Cases
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Results (53 articles found)
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- Physician Violated HIPAA's Privacy Rules by Speaking With Opposing Counsel Without Protective Order
- From the June 17, 2004 EBIA Weekly
- HIPAA permits a covered entity to disclose protected health information (PHI) pursuant to a subpoena or discovery request only if reasonable efforts have been made to notify the individual who is the subject of the PHI, or if a "qualified ...
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- Seventh Circuit Refuses DOJ Demand for Hospital's Abortion Records (but HIPAA Does Not Bar Disclosure)
- From the April 08, 2004 EBIA Weekly
- In February, we reported that a federal court in Illinois refused to enforce an order requiring a hospital to disclose to the U.S. Department of Justice (DOJ) the medical records of certain patients who had had abortions, holding that ...
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- Court Orders Hospital's Patient Records to Be Disclosed Under HIPAA's Litigation Exception, Despite "More Stringent" State Privacy Law
- From the March 25, 2004 EBIA Weekly
- In connection with this lawsuit challenging the constitutionality of the federal Partial Birth Abortion Ban Act of 2003, the Department of Justice (DOJ) subpoenaed the medical records of certain patients who had abortions at a New York hospital. In this ...
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- Hospital's Patient Records Protected Under State Privacy Law Given Effect Through HIPAA's Preemption Exception
- From the February 12, 2004 EBIA Weekly
- In this decision, an Illinois privacy law, through operation of HIPAA's preemption provisions, prevented the disclosure of patient records requested by the Department of Justice in connection with a lawsuit challenging the constitutionality of the Partial Birth Abortion Ban ...
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- HIPAA Privacy Rules Would Permit Disclosure of Methadone Clinic Patient Data Subject to Appropriate Court Order or Agreement of Parties
- From the December 30, 2003 EBIA Weekly
- A Helping Hand, LLC (AHH) obtained a county permit to operate a methadone clinic. Barely six hours after the permit was granted, however, the County Council passed a law making methadone clinics subject to zoning requirements that AHH's site ...
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- Heart Condition Treated Four Months Before Start of Plan Coverage Was Preexisting Condition Under HIPAA
- From the December 11, 2003 EBIA Weekly
- The facts of this preexisting condition dispute were simple. The spouse of an employee had a heart condition for several years before she became covered under an insured group health plan. Four months before coverage began, she was advised that ...
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- Workers' Compensation Carrier Could Disclose Health Information Pursuant to HIPAA Privacy Rules
- From the November 13, 2003 EBIA Weekly
- In this case, the court found that HIPAA's privacy rules did not prevent a workers' compensation carrier from disclosing health information in connection with a lawsuit. The lawsuit arose after the plaintiff was shot in the back by a ...
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- Loss of Plan Coverage Four Years After Termination of Employment Was Not COBRA Qualifying Event; HIPAA Argument Rejected
- From the October 30, 2003 EBIA Weekly
- This plaintiff was an employee of a funeral home until he terminated employment and purchased the business. He was covered under his union's group health plan before the purchase and remained covered for more than four years afterward (although ...
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- Employer Has Fiduciary Duty When Explaining Enrollment Rules Under Insured ERISA Plan
- From the August 21, 2003 EBIA Weekly
- This case--with a set of facts to make a benefits manager's blood run cold--illustrates how HIPAA's portability rules may have increased the potential for ERISA fiduciary breach claims. The case involved a newly-hired employee whose ...
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- Fourth Circuit Dismisses Doctors' Constitutional Challenge to HIPAA Privacy Rule
- From the May 01, 2003 EBIA Weekly
- This lawsuit was brought by a group of doctors who challenged HIPAA's privacy rule with three different constitutional arguments. First, they claimed that Congress impermissibly delegated its legislative function by authorizing DHHS to issue privacy regulations without adequately outlining ...
