State Law Negligence Claims May Be Coming Under HIPAA

Law360, New York (November 26, 2014, 11:38 AM EST) -- Health care providers receiving a subpoena for patient medical records may want to think twice before complying with the subpoena and producing the records. A recent Connecticut case, Byrne v. Avery Center for Obstetrics and Gynecology PC, arose when the defendant gynecology center received a subpoena to produce the medical records of its patient, who was also a party in a separate action, and the center complied with the subpoena by producing the medical records. The center did not obtain its patient's authorization and had not received satisfactory assurances that the requesting party had attempted to notify the patient of the subpoena or had attempted to seek entry of a qualified protective order....

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