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Verdicts

By ALM Staff | Law Journal Newsletters |
June 27, 2005

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).

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