11th Circ. Ruling Charts HIPAA Preemption Road Map

Law360, New York (April 12, 2013, 7:48 PM EDT) -- In recently holding that the Health Insurance Portability and Accountability Act trumps a Florida medical privacy law, the Eleventh Circuit endorsed the federal statute's power over weaker state disclosure rules and gave health care providers and others a vital tool to use when conducting complex but necessary preemption analyses.

The appeals court ruling issued Tuesday backed a group of Florida nursing facilities that refused to turn over medical records of deceased nursing home residents to spouses or attorneys-in-fact for fear of violating HIPAA's privacy rule disclosure...
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