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HIPAA preempts Florida medical records law (access required)

Published: April 12, 2013

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Federal privacy law preempts a state law authorizing the release of medical records of deceased residents of nursing homes to certain designated individuals, the 11th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.

New HIPAA rule means big changes for doctors, hospitals (access required)

By: Correy Stephenson
Published: February 12, 2013

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Doctors, hospitals, other medical providers and companies who do business with them are facing big changes as a result of new HIPAA regulations.

HIPAA doesn’t protect hospital for wrongful disclosure (access required)

Published: November 26, 2012

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Federal medical privacy law does not preempt a lawsuit against a hospital that wrongfully disclosed a patient’s mental health records to his estranged wife, West Virginia’s highest court has ruled in reversing a dismissal.

Benchmarks: HIPAA doesn’t preempt wrongful disclosure suit (access required)

By: Pat Murphy
Published: November 20, 2012

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A West Virginia man can sue for the wrongful disclosure of his mental health records to his estranged wife and her divorce attorney as a result of last week’s decision by the state’s highest court that HIPAA does not preempt such claims.

Comp claimant must authorize ex parte communication (access required)

Published: November 9, 2012

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A workers’ compensation claimant was required to authorize her treating physician to engage in ex parte communication with her employer’s attorney, the Georgia Supreme Court has ruled in reversing judgment.

Minnesota fines company $2.5M for HIPAA violations (access required)

Published: September 6, 2012

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A healthcare financial services company has agreed to pay $2.5 million and stop operations in the state of Minnesota for two years as part of a deal with the state’s Attorney General over violations of the Health Insurance Portability and Accountability Act.

N.Y. woman convicted in $10.7M health fraud scheme (access required)

Published: August 29, 2012

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A federal jury in New York has convicted the owner of a Long Island medical supply company of engaging in a $10.7 million Medicare fraud conspiracy.

Benchmarks: Adoptive parents can’t sue over birth defects (access required)

Published: August 14, 2012

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A New York couple didn’t learn until it was too late that the baby boy they wished to adopt had serious brain damage.

Yesterday, they learned their legal remedies against the birth mother’s doctor were foreclosed by their adoption lawyer’s failure to follow the formalities of HIPAA’s disclosure rules.

Protocol for HIPAA audits offers limited guidance (access required)

Published: July 11, 2012

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The Department of Health and Human Services’ Office of Civil Rights has provided the protocol for its ongoing compliance audits under the Health Insurance Portability and Accountability Act.

HIPAA audits have begun (access required)

By: Correy Stephenson
Published: December 15, 2011

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All entities covered under the Health Insurance Portability and Accountability Act must get ready – audits of privacy and security compliance under the Act have officially begun.

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