The new regulations under the Affordable Care Act allow employers to offer bigger rewards for workplace wellness programs that incentivize employees to improve their health, but the rules fail to give guidance on whether such programs could run afoul of federal anti-discrimination laws.
A medical malpractice plaintiff did not have a right under the Health Insurance Portability and Accountability Act to the production of transcripts of ex parte physician interviews conducted by defense counsel, the Georgia Supreme Court has ruled in reversing a discovery order.
Published: April 12, 2013
Tags: Health Insurance Portability and Accountability Act, HIPAA, nursing homes, privacy
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.
Published: February 12, 2013
Tags: agency enforcement, data breach, data security, Department of Health and Human Services, Health Insurance Portability and Accountability Act, health plans, HIPAA, personal health information, privacy
Doctors, hospitals, other medical providers and companies who do business with them are facing big changes as a result of new HIPAA regulations.
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.
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.
Published: November 9, 2012
Tags: ex parte, Health Insurance Portability and Accountability Act, HIPAA, workers' compensation
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.
Published: September 6, 2012
Tags: consumer protection, Health Insurance Portability and Accountability Act, HIPAA
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.
Published: August 29, 2012
Tags: Health Insurance Portability and Accountability Act, HIPAA, Medicare fraud
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.
Published: August 14, 2012
Tags: adoption, birth defects, Health Insurance Portability and Accountability Act, HIPAA
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.