Health Law Pulse - November 2014

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In This Issue:

- Connecticut Supreme Court: HIPAA Does Not Preempt Negligence Claims

- CMS Removes Continuing Education Exemption to Physician Payments Sunshine Act

- Federal Government and New York Reject Mount Sinai’s 60 Day Rule Arguments

- Excerpt from Connecticut Supreme Court: HIPAA Does Not Preempt Negligence Claims:

The Connecticut Supreme Court recently held that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not preempt state law negligence claims in connection with healthcare provider’s alleged breach of a patient’s confidentiality. The decision Byrne v. Avery Center for Obstetrics and Gynecology, P.C., 214 Conn. LEXIS 386 (Conn. 2014), reversed a trial court decision that had dismissed claims for negligence and negligent infliction of emotional distress on the basis that such claims were preempted by HIPAA. The Supreme Court reversed the trial court’s preemption finding and further held that in certain circumstances HIPAA can inform the applicable standard of care for a negligence action in Connecticut.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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