Health Law

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 22, 2013

Florida Medical Record Disclosure Law Preempted by HIPAA

by Jennifer S. Geetter, James Saling, Heather Egan Sussman | McDermott Will & Emery on 5/20/2013

The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability...more

HIPAA Preemption Case – Opis Management Resources, LLC v. Florida Agency for Health Care Administration

by William Dillon | Messer & Caparello, P.A. on 4/15/2013

On April 9, 2013 the United States Court of Appeals for the Eleventh Circuit issued an opinion regarding HIPAA preemption in the case of Opis Management Resources, LLC v. Florida Agency for Care Administration. Opis...more

Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing...

by Martin Dix, Julie Gallagher, Sheryl D. Rosen | Akerman Senterfitt on 4/12/2013

As we first reported in December 2011, it's a common scenario: A Florida nursing home resident dies, and his or her spouse, surrogate, proxy, or attorney requests the resident's medical records. However, if the nursing home...more

Receive a Grand Jury Subpoena? What’s a health care provider to do?

by Dinsmore & Shohl LLP on 4/24/2012

Health care providers are required to obey a properly issued grand jury subpoena seeking medical records or other confidential patient information, right? After all, it’s a subpoena. The answer may not be as straightforward...more

Nursing Home Catch-22 Case Has Implications for Release of Deceased Patient Records of All Healthcare Providers

by Akerman Senterfitt on 12/20/2011

It's a common scenario: A Florida nursing home resident dies, and his or her spouse, surrogate, proxy, or attorney requests the resident's medical records. However, if the nursing home releases the records, it might be...more

California Supreme Court: State Laws on Disclosure of Protected Health Information Are Not Preempted

by Sedgwick LLP on 9/12/2011

California has long been considered a bastion of consumer protection and individual privacy rights. By its recently issued decision in Brown v. Mortensen, (2011) 51 Cal. 4th 1052 the California Supreme Court buttressed that...more

Electronic records mandates may clash with privacy laws: Patchwork of state laws adds complexity By Eric A. Klein and Christine C....

by Sheppard Mullin Richter & Hampton LLP on 6/8/2009

President Obama has declared that electronic medical records will “reduce error rates, reduce our long-term cost of health care and create jobs.” “Obama’s Prime Time Press Briefing,” N.Y. Times, Feb. 9, 2009. Congress has...more