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Ohio appeals court rejects claim of wrongful disclosure of medical information under Biddle v. Warren General Hospital - upholds lack of private cause of action under HIPAA
- Baker & Hostetler LLP
- -
- USA
- -
- January 18 2012
In an opinion announced on January 10, 2012, the Ohio Tenth District Court of Appeals, in Columbus, Ohio, held that a hospital’s use of a patient’s individually identifiable health information (PHI) for obtaining payment of a patient’s account was a valid use of PHI for payment purposes under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (“HIPAA”), and rejected the patient’s claim that disclosure of the patient’s PHI was a wrongful disclosure of medical information under Biddle v. Warren General Hospital, Ohio’s seminal case that established a personal injury tort for wrongful disclosure of confidential medical information
Retail store optometry practice violated the Texas Optometry Act
- Baker & Hostetler LLP
- -
- USA
- -
- May 12 2011
In a ruling issued on May 4, a federal district court in Texas found that Wal-Mart Stores violated the Texas Optometry Act provision which prohibits manufacturers, wholesalers and retailers of glasses and other vision devices from directly or indirectly controlling or attempting to control the professional judgment or manner of practice or practice of an optometrist
Florida federal judge stays his decision, government files appeal and review is fast-tracked by 11th Circuit
- Baker & Hostetler LLP
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- USA
- -
- March 17 2011
The January 31 U.S. District Court decision in Florida overturning the Affordable Care Act (ACA) in its entirety has set in motion the appellate machinery that many believe will lead to an ultimate review of the constitutionality of the Obama administration's landmark healthcare reform legislation by the U.S. Supreme Court
Red flags - health practitioners file legal challenge in federal court
- Baker & Hostetler LLP
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- USA
- -
- May 27 2010
In a move that resembles action successfully taken by the American Bar Association last year, three prominent professional physician associations have filed suit in federal court in the District of Columbia, challenging the applicability of the Federal Trade Commission's (FTC) Identity Theft Prevention Program, or Red Flags Rule, to their members
HIPAA has teeth
- Baker & Hostetler LLP
- -
- USA
- -
- May 13 2010
Confirming that HIPAA privacy rules have "teeth" and violations are being taken very seriously by the federal government, the U.S. Attorney for Los Angeles announced on April 27, 2010, the criminal conviction of a healthcare worker charged with violating the privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA
Current Search
- Workarea - Healthcare
- Workarea - Litigation
- Author - John S. Mulhollan