A provision of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) makes it a misdemeanor to "knowingly" and in violation of HIPAA obtain "individually identifiable health information." 42 U.S.C. 1320d-6(a)(2). The Ninth Circuit held that this provision is violated when an individual knowingly obtains the information, regardless of whether he did so knowing his conduct violated HIPAA. The court rejected the defendant's contention that knowledge of the illegality of his actions was required.
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A different kind of healthcare debate
- Day Pitney LLP
- June 1 2012
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