The Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C.A
' 1320d) was enacted by Congress in 1996 and took effect on April 14, 2003.
What Types of Ex Parte Communications Are Permissible?
The Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C.A ' 1320d) was enacted by Congress in 1996 and took effect on April 14, 2003. Although it was originally intended to increase access to health care by expanding insurance portability and renewability, privacy issues evolved due to developing technology that provided easy access to health information. As a result, Congress added additional safeguards to the seemingly innocuous Act. Such procedural safeguards have spawned a debate on whether HIPAA preempts state privacy laws, and if so, whether it prohibits ex parte communications between a plaintiff's treating physicians and defense counsel. Therefore, it's important for counsel to be aware of the various state and federal court decisions on the subject and the issues raised by both plaintiffs and defendants in this amorphous area of law.
By
Carrie N. Lowe And Jessica C. CabralThis premium content is locked for LawJournalNewsletters subscribers only
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