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Verdicts
New York Court Holds HIPAA Does Not Protect Plaintiff Privacy
A New York trial court has held that because the Health Insurance Portability and Accountability Act (HIPAA) does not create a private right of action in a patient, New York law applies when a patient brings suit for injuries, and because the law in New York holds that a patient waives his or her medical privacy rights with respect to the injuries complained of when suit is brought, the plaintiff here similarly waived her right to medical privacy when she filed suit. Holzle v. Healthcare Services Group Incl., 2005 NY Slip Op 50770U; 2005 N.Y. Misc. LEXIS 1031 (Sup. Ct., N.Y. Cty. 5/24/05).
Plaintiffs brought suit in 2001 alleging, among other things, that plaintiff Tammy Holzle suffered personal injuries as a result of a fall at the geriatric center owned by defendant HSG in 1998. On Jan. 12, 2005, HSG demanded that plaintiff provide authorizations permitting defense counsel to speak with plaintiff's treating physicians. Plaintiff rejected the demand for the authorizations, which precipitated defendants' motions here to compel plaintiff to execute such authorizations.
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