Patients Cannot Sue Doctors Under HIPAA, Court Rules

Law360, New York (November 20, 2006, 12:00 AM EST) -- In a case that could have made procuring medical testimony nearly impossible had it gone the other way, an appeals court panel has affirmed that plaintiffs have no private right of action under the Health Insurance Portability and Accountability Act.

The U.S. Court of Appeals for the Fifth Circuit ruled last Monday that enforcement powers under the law are limited to the Secretary of Health and Human Services, and that Margaret Acara therefore had no right to sue Dr. Bradley Banks for disclosing medical information without...
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