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HIPAA 2004: A Review of Significant Litigated Cases

By Elliott B. Oppenheim

Part One of a Three-Part Article

Since its enactment, with perhaps only three significant exceptions, the provisions of the Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (HIPAA) have not been litigated. In the majority of cases where HIPAA has been the subject of litigation — less than 50 — litigants have raised HIPAA provisions as an issue, but only tangentially as part of a “throw away” argument, or in a meaningful manner but where the answer was immediately clear from the case's inception.

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