News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Negligence

Mintz

Healthcare Provider Beware: Massachusetts Federal Court Largely Permits Tracking Technologies and Wiretapping Claims To Proceed

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In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

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2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Pierce Atwood LLP

New England Cybersecurity and Data Privacy Class Action Filings Soar in 2023

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Earlier in 2023, we launched our New England and First Circuit Class Action Tracker, as a tool to analyze class action litigation trends in Massachusetts, Maine, New Hampshire, and Rhode Island. In July, we updated our...more

Kohrman Jackson & Krantz LLP

A New Twist in the Ransomware Debate: Is it Negligent to Fail to Pay Ransom?

Lehigh Valley Health Network (LVHN) is a healthcare network based in Allentown, Pennsylvania, and serves eastern and northeastern Pennsylvania. On Feb. 6th of this year, LVHN was hit with a combination ransomware and...more

Pullman & Comley - Connecticut Health Law

Top 10 Connecticut Health Law Cases for 2021

Befitting a year in which the lingering COVID-19 pandemic caused delays in almost every aspect of daily life, Pullman & Comley’s annual survey of notable health law cases from Connecticut’s trial and appellate courts makes...more

Rumberger | Kirk

COVID-19 Litigation: What Hotels Have Learned and How to Mitigate Future Exposure

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With travelers returning to hotel destinations across the world, threats of COVID-19 contamination continue to expose the hospitality industry to various legal risks. With more than 2,000 COVID-related cases currently on file...more

Robinson+Cole Data Privacy + Security Insider

No Private Right of Action under HIPAA, but State Law Claims May Still be Asserted

A federal district court in Montana has confirmed that HIPAA precludes a private right of action for patients to claim an unauthorized access, use, or disclosure of protected health information.  ...more

Snell & Wilmer

The Arizona Supreme Court Joins Other States in Ruling that HIPAA Can Be Used to Establish the Standard of Care in a Negligent...

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On March 8, 2021, the Arizona Supreme Court held in Shepherd v. Costco1 that the plaintiff, Greg Shepherd, was permitted to bring a negligence claim for wrongful disclosure of medical information and that the Health Insurance...more

Robinson+Cole Data Privacy + Security Insider

ShopRite Settles with NJ AG for Data Breach

New Jersey Attorney General (AG) Gurbir S. Grewal announced on November 2, 2020, that his office has settled with ShopRite’s parent company, Wakefern Food Corp. (Wakefern) and two of its supermarket entities for $235,000 for...more

Seyfarth Shaw LLP

The Intersection of Alleged HIPAA Violations and State Negligence Law

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Synopsis: HIPAA provides no federal cause of action, but alleged HIPAA violations may be remedied in state court under state negligence law....more

Holland & Knight LLP

Lack of Statutory Private Right of Action is No Bar to Privacy Suit

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HIPAA and several other privacy laws do not include a private right of action. This is cold comfort for healthcare providers, health plans and other members of the healthcare industry if a patient is able to demonstrate that...more

Fisher Phillips

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

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A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

Bond Schoeneck & King PLLC

Health Care: HIPAA Covered Entities - Your Organization’s Liability after a Cyber-Attack (12/15)

It is difficult for companies to manage the rapidly evolving legal landscape of cybersecurity. All companies, no matter the size, are potential targets for a cyber-attack. A common question posed by concerned In-House...more

Akerman LLP - Health Law Rx

Evolving Litigation of Data Breach Claims

An Illinois circuit court judge has dismissed five of six claims in a consolidated class action against Advocate Health and Hospital Corporation arising from a data breach in July 2013. The judge’s dismissal with prejudice...more

Robinson+Cole Data Privacy + Security Insider

Seventh Circuit rules hospital system is not a Consumer Reporting Agency under FCRA

Is a hospital a “consumer reporting agency”? Can a health care provider be liable under the Fair Credit Reporting Act (FCRA) in the event of a data breach? The Seventh Circuit Court of Appeals recently considered these...more

Akerman LLP - Health Law Rx

Can We Talk? Florida Court Rejects Latest Challenge to Med Mal Presuit Authorization Law

In the latest challenge to a Florida law designed to promote early settlement of meritorious medical malpractice claims, the Florida First District Court of Appeal recently rejected a plaintiff’s arguments that 2013...more

Benesch

Lessons Learned from the Anthem Cyber-Attack and Corresponding “HIPAA Actions”

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Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more

Proskauer on Privacy

What Preemption? Connecticut State Court Gives Life to Negligence Claims Based on HIPAA Privacy Standard of Care

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Like many federal statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a provision governing how the statute is designed to interact with similar or otherwise related state laws. When...more

Troutman Pepper

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

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In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

K&L Gates LLP

Connecticut Supreme Court Issues Decision That Could Expand State Law Liability in Data Breach Class Actions for Businesses...

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Health care providers have not escaped the recent proliferation of data breach class actions, but plaintiffs generally have been unsuccessful in bringing claims based on the Health Insurance Portability and Accountability Act...more

Robinson & Cole LLP

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...more

King & Spalding

Connecticut Supreme Court Overturns HIPAA-Based Dismissal of State Law Privacy Claims

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On Tuesday, November 4, 2014, the Connecticut Supreme Court announced its decision to overturn a trial court’s determination that a plaintiff could not bring state common law claims for negligence and negligent infliction of...more

Baker Donelson

A Recent State Supreme Court Ruling Opens the Door for Breach of Privacy Claims Against Health Care Providers

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It has long been established that there was no private right of action with regard to HIPAA. All providers must be aware that state courts are beginning to turn the tide regarding such liability. On November 11, 2014, the...more

Bond Schoeneck & King PLLC

Health Law Wire: Expanding HIPAA Liability for Healthcare Providers (11/14)

The Health Insurance Portability and Accountability Act (HIPAA), while requiring protected health information be kept private, does not provide for a private right of action based on a HIPAA violation. Rather, an individual...more

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