9th Circ. Says 'Knowing' Access Enough For HIPAA Breach

Law360, New York (May 14, 2012, 7:48 PM EDT) -- The Ninth Circuit on Thursday rejected a former doctor’s argument that he did not know it was illegal when he accessed private health information of co-workers and celebrities, finding that knowingly obtaining such information is enough to violate the Health Insurance Portability and Accountability Act.

A three-judge panel found that that Huping Zhou, a former research assistant at the University of California at Los Angeles Health System, could not escape HIPAA’s language that a misdemeanor criminal penalty applies to anyone who “knowingly and in violation of...
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