Litigation

No Private Right To Sue For HIPPA Violation

By Branham & Day

A federal circuit court has ruled that there is no private right of action for violations of HIPAA (Health Insurance Portability and Accountability Act of 1996). The most recent court to follow the consensus is the Fifth Circuit Court of Appeals with a case out of Louisiana. So far, every district court to consider the issue has ruled the statute does not support a private right of action and no other federal appellate court has specifically addressed the issue.

The Fifth Circuit upheld the dismissal of a patient’s claim that a doctor disclosed medical information without her consent during a deposition. The court based its decision on the fact that HIPAA provides both civil and criminal penalties for the improper disclosure of medical information and gives the enforcement authority to the Department of Health and Human Services. Since HHS can enforce penalties, Congress did not intend to create a private cause of action, according to the court.  Read the opinion here.

Full post as published by Tennessee Business Litigation Law Blog on January 10, 2007 (boomark / email).