11th Circ. Upholds Fla. HIPAA Waiver Law

By Nathan Hale (October 10, 2014, 6:59 PM EDT) -- The Eleventh Circuit found Friday that a Florida medical malpractice law's requirement of prospective plaintiffs to sign a Health Insurance Portability and Accountability Act waiver is fully compliant with the act and its regulations, overturning a trial court ruling.

The decision is a key one for the medical malpractice field in Florida. Part of a multicase challenge to the law, the case pitted trial lawyers organization Florida Justice Association against the Florida Medical Association, which lobbied hard for the legislation, saying it corrected "glaring imbalances in the state's tort system."

"This is critically important to create a level playing field in...

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