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HIPAA 2004: A Review of Significant Litigated Cases

By Elliott B. Oppenheim
October 01, 2004

Part Three of a Three-Part Article

In the previous months' newsletters, we looked at two of the three significant cases interpreting the Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (HIPAA). Northwestern Memorial Hospital v. Ashcroft, 2004 U.S. App. LEXIS 5724 (7th Cir. 2004), a case decided by the U.S. Court of Appeals for the Seventh Circuit, rejected the idea that HIPAA created a new federal privilege regarding abortion medical records. In South Carolina Medical Association v. Thompson, 327 F.3d 346, 2003 U.S. App. LEXIS 7940 (4th Cir. 2003)(cert. denied 2003 U.S. LEXIS 8010 (U.S., Nov. 3, 2003)), the Fourth Circuit held the HIPAA regulations themselves to be constitutional. The third case of note on the subject of HIPAA interpretation, which we look at this month, is Law v. Zuckerman, 307 F. Supp. 2d 705, 2004 U.S. Dist. LEXIS 3755 (D.MD. 2004).

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