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
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
In a decision released November 11, 2014, the Connecticut Supreme Court reversed the judgment of the trial court and held for the first time in Connecticut that (1) HIPAA does not preempt state common law claims for...more
Originally published in International Law Office on November 27 2012.
A New York state trial court recently added another voice to the chorus of cases finding that federal law pre-empts state law standards of care in the...more
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