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Georgia Supreme Court uses HIPAA preemption to nullify medical malpractice reform

  • Wiley Rein LLP
  • -
  • USA
  • -
  • July 2 2007

The Georgia Supreme Court's potentially important May 14 decision in Allen v. Wright, 2007 Ga. Lexis 343, held that the HIPAA Privacy Rule preempted Georgia's 2005 tort reform statute requiring malpractice plaintiffs to file with their complaints a "medical authorization form" enabling the defendants' attorneys to obtain and disclose protected health information to facilitate their defense of the plaintiff's claims

Supreme Court to review Vermont prescription data-mining law

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 4 2011

The Supreme Court has agreed to hear a constitutional challenge to a Vermont statute barring the sale or use of prescriber-identifiable data for the marketing of prescription drugs

Minnesota appellate court provides guidance regarding HIPAA preemption; internet publication as "publicity" for invasion of privacy tort claims

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 5 2009

On June 23, the Minnesota Court of Appeals, the state's intermediate appellate court, provided two significant privacy-related rulings in Yath v. Fairview Clinics

Privacy in focus - July 2011 - does the Supreme Court's Sorrell decision threaten privacy?

  • Wiley Rein LLP
  • -
  • USA
  • -
  • July 14 2011

On June 23, as its 2010 term drew to a close, the U.S. Supreme Court announced its much-awaited decision in Sorrell v. IMS Health Inc. (No. 10-779), holding that Vermont's Act 80, prohibiting access to certain information on physicians' prescribing practices for use in marketing brand-name drugs, violated the First Amendment