Law Students

Does HIPAA Preempt State Privacy Laws?

Minnesota Court of Appeals decision extends privacy claims to Internet - TwinCities.com. This will be an interesting case to watch. HIPAA, which does not currently allow an individual to bring a privacy suit (i.e. an individual's only recourse is to file a complaint with HHS) will not necessarily preempt state law if the state law is more "stringent."

As privacy continues to be a hot issue, you should expect to see more suits along these lines. Since revealing protected health information (PHI) is a BIG DEAL, I would expect the MN court to hold that HIPAA does not occupy the field, but rather provides baseline protection that states can enhance.

This topic is covered in the HIPAA Survival Guide.

Full post as published by LawTechTV on June 26, 2009 (boomark / email).